There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts

Blog
The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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Newsletter
Cell Phones and Cancer, Political Anniversaries and the Regulation of the Day
A new study finds no link between cell phone use and brain cancer. News outlets assemble their 2009 “year in review” features. The state of…
Blog
Regulation of the Day 92: Camping at the Beach
In Oregon, it is illegal to set up a tent at most beaches.
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MI Senate not “FAIR” and it’s a good thing
The Michigan Senate recessed last week without passing the proposed insurance reforms that would, among other things, prevent insurers from using factors such as…
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Is ObamaCare’s “Individual Mandate” Unconstitutional?
The health care bills backed by the President require that individuals buy health insurance if it is not provided by their employer. Is that unconstitutional?…
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Say No to EFCA in 2010
Given the amount of palm-greasing that was required to get reluctant moderate Democratic senators to vote to end debate on Obamacare, it's unlikely that those…
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Regulation of the Day 90: The National Poultry Improvement Plan
Having solved all the nation’s other problems, the federal government has a National Poultry Improvement Plan.
Blog
CEI Weekly: CEI Offers More for Gore Debate
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's video invitation to Al Gore to debate the topic…
Blog
Climategate Op-Ed in Detroit News
Here is my op-ed published in the Detroit News on December 23. Climategate: What e-mail really means Daniel Compton By now, most people…
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Regulation of the Day 89: Purple Dye
Modern innovations such as synthetic dyes, the Minnesota Vikings, and purple M&Ms have taken away purple’s exotic reputation. But no worry. Federal regulators are doing…
Blog
Regulation of the Day 88: College Football’s Playoff System
On the other hand, legislators do less harm when they spend their time on college football rather than, say, health care.
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An unhappy ending for CA’s adult film industry?
One reason people enjoy pornography (apart from the obvious benefit) is that it allows them to fantasize about activities in which they cannot or do…
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Climategate and consensus nonsense
Cato’s Pat Michaels, one of the scientists attacked in the Climategate emails, has an excellent editorial in the Wall Street Journal today with examples…
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CEI Weekly: CEI at Copenhagen
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features reports from two CEI analysts, Myron Ebell and William Yeatman,…
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Regulation of the Day 87: The Volume of TV Commercials
The House passed the Commercial Loudness Act on Wednesday. If it becomes law, the FCC would control the volume level of television commercials.
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FDIC Prepares for “an even-larger number of bank failures” in 2010
[T]he increase is intended to “ensure that [they] are prepared to handle an even-larger number of bank failures” in 2010.
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Comprehensive Immigration Reform Helps Highly Skilled Immigrants
Section 320 of the The Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 H.R. 4321 (CIR ASAP) is fantastic. It exempts…
Blog
Regulation of the Day 86: Cockfighting Advertisements
If you’re thinking of sending out advertisements for a cockfight through the mail, you should be aware that a new regulation allows the postal service…
Newsletter
Immigration, Smoking Bans and Sarbanes-Oxley
Rep. Luis Gutierrez (D-IL) introduces comprehensive immigration reform legislation. The Colorado Supreme Court upholds a ban on smoking in stage performances. The battle over the…
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Regulation of the Day 85: Peddlers
It is illegal to be a peddler in Wisconsin without a license. One of the requirements is five years of residency in Wisconsin. Because clearly,…
Blog
CEI Weekly: Sarbox in Court, EPA Ruling on Gases, and Copenhagen
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features coverage on Sarbanes-Oxley's first day in the Supreme Court. This…
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Bastiat’s Broken Window Fallacy isn’t even an analogy when it comes to Obama
One can only stand back in awe. President Obama said this at Home Depot today: “The simple act of retro-fitting” — installing…
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Regulation of the Day 84: The Size of Holes in Swiss Cheese
Talk about attention to detail. The federal government regulates the size of hole in Swiss cheese.
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Obama Summit: President’s goals of more loans and more heavy-handed regulation in conflict
Statement of John Berlau, director, Center for Investors and Entrepreneurs, Competitive Enterprise Institute: President Obama’s twin goals of more bank loans and more heavy-handed regulation…
Newsletter
Climategate in Copenhagen, Antitrust for Health Care and Swine Flu Takes a Dive
The “Climategate” science scandal looms over global warming negotiations in Copenhagen, Denmark. Senators Patrick Leahy (D-VT) and Sheldon Whitehouse (D-RI) lobby to end the long-standing…
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Regulation of the Day 83: Citations
The Code of Federal Regulations contains a regulation on how to cite the Code of Federal Regulations.
NCPA
Michigan’s Auto Insurers Make Only a Small Profit
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Financial Fiasco
I recently finished reading Swedish economist Johan Norberg's book about the financial crisis, aptly titled Financial Fiasco. It's both short and informative. Six chapters and…
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Regulation of the Day 82: Veterinarians
Did you know that the federal government is in the veterinary accreditation business? It’s true.
NCPA
Rebuttal: Michigan’s Auto Insurers Make Only a Small Profit
About the Nov. 30 article "Industry balks at bills aimed at auto insurance reform": Before we listen to politicians who claim greedy…
Blog
Tarp the TARP and give small biz relief from Sarbanes-Oxley and other burdensome regs
Statement of John Berlau, Director of CEI’s Center for Investors and Entrepreneurs, on extending TARP for small business and on Rep. Barney Frank’s plans to…
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Antitrust as Corporate Welfare for Aggrieved Competitors
Wayne Crews and I have an article in today's American Spectator about the antitrust crusade against Intel. An FTC picking winners and losers is not…
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Regulation of the Day 81: Porn
A proposed rule in California would reclassify adult film actors as being subject to certain employment regulations. The unintended consequences are potentially fatal.
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Regulation of the Day 80: Falconry
The Code of Federal Regulations contains 12,834 words worth of rules concerning falconry, of all things.
Blog
Did Deregulation Cause the Great Recession?
Over at RealClearMarkets, I explain why the answer is a resounding no. Over 30,000 total new rules passed during the Bush years. Hardly any were…
NCPA
Did Deregulation Cause the Great Recession?
In a December 3 article in Politico ("J-O-Bs should come before GDP"), Rep. Phil Hare argues that "reckless deregulation" is one of the causes…
Public Radio
Did Deregulation Cause the Recession?
Blog
Regulation of the Day 79: Auctioneers in Alabama
It is illegal to conduct an auction without a license in Alabama. Violators can be punished with fines of up to $500. Applicants must pay…
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False Claims by Government in Supreme Court Case: PCAOB Agency Is More Powerful and Independent Than Government Claims
The members of the Public Company Accounting Oversight Board (PCAOB), an agency being challenged in the Supreme Court on December…
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Don’t Worry about Trade Deficits
I run an ongoing trade deficit with my local grocery store. I import food from them every week. They have never purchased a thing from…
Blog
CEI Weekly: Climate-Gate Continues
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the continued coverage of ClimateGate, the leaked email scandal, on…
Newsletter
Credit Card Fees, Immigration Reform and Heading off an EPA Power Grab
The U.S. looks to Australia’s experience with regulating credit cards fees. Former CNN anchor Lou Dobbs softens his longtime anti-immigration stance. Environmental groups petition the…
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Regulation of the Day 78: Green Energy Subsidies
If green energy is commercially viable, then it doesn't need any subsidies. If it isn't, no amount of subsidy will make it so.
Southern Shift News
30 Million Small Businesses: The Army President Obama has yet to Deploy
Southern Shift News
Letter to the Editor: Retailers Want to Shift Their Costs onto Consumers
It’s a real pity that The Examiner’s Nov. 27 lead story – billed with the screaming front-page headline "Credit cards show no pity" –…
Blog
Regulation of the Day 77: Banning Toys in Happy Meals
Roberto Zabrido, a government official in Spain, is “adamant that the Happy Meal and its ilk pose a risk.” The solution? Legislation!…
NH Insider
Taxpayers Face $20 Million Cost to Enforce Bad Law
Mortgage Magazine
Banks, Credit Companies Get Brief Reprieve From Crushing Federal Regulation Of Internet Gambling
Baltimore Sun
Time to Raise the Alcohol Tax
Blog
Regulation of the Day 76: Generic Medication for Farm Animals
If you put chlortetracycline powder in your farm animals’ drinking water to prevent disease, please be aware that a new federal rule now allows you…
Blog
“Would ObamaCare Reduce Innovation?”: Health Care Bill Would Cause Preventable Deaths
“Would ObamaCare Kill Medical Innovation?” That’s the question posed by health care expert Michael Cannon. His answer is yes: “President Obama’s…
Blog
How Capitalism and Property Rights Saved the Pilgrims From Starving
Law professor llya Somin notes a “lesson of the original Thanksgiving: that the Pilgrims nearly starved to death because…
Blog
The Little People of the Superstate
Almost like answering Henry Kissinger’s famous question–Who do I call if I want to talk to Europe?–the 27 states of the EU have selected the…
Blog
Moderates Criticize Health Care Bill As It Advances in Senate; Experts Gave Bill A “Failing Grade”
On Saturday, the Senate voted 60-to-39, along party lines, to press towards passage of a massive health care bill, by blocking a…
Blog
Illegal Immigration: Make it Legal
The Boston Globe’s Jeff Jacoby wrote a wonderful column yesterday that highlights the inconsistent stance of many conservatives when it comes to immigration.
Baltimore Sun
Effort To Curb Financial Giants May Worry Markets Even More
Blog
Healthcare Bill Advances in Senate, Despite Receiving Failing Grade from Health Experts; Democrats Block Filibuster in Party-Line Vote
The healthcare bill is on the verge of passing the Senate, despite the fact that it has received a failing grade from healthcare experts like…
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Legal Challenge to Michigan Union Power Grab
With the Detroit auto industry floundering, the United Auto Workers is turning its attention to…day care provider. And to do so, the UAW partnering with…
Blog
Regulation of the Day 75: Food Containers
The Code of Federal Regulations contains 28 sections on food containers. Metal, glass, plastic, flexible, rigid – if you can put food in it, there…
Blog
Government Employee Pensions’ Threat to New Jersey’s Fiscal Health
New Jersey residents pay the highest state and local taxes in the nation, notes the New Jersey Taxpayers’ Association (NJTA). And what do they get…
Blog
CEI Weekly: CEI Starts Gore Debate Fundraiser
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the start of CEI's Pledge-a-Dollar-to-Debate Campaign. The campaign's goal is…
Blog
“Obama Warns on Dangers of US Debt”
This morning I read with interest – and amazement – the above headline. Does our president live in the same world that I inhabit? He’s…
Blog
“I Can’t See the Objection”
The National Federation of the Blind and the American Council of the Blind are seeking a preliminary injunction in federal court to stop…
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Reid Health Care Bill Adds New Tax Increases, Costs Twice As Much As Promised
The health care “reform” bill drafted by Senate Majority Leader Harry Reid adds new tax increases, and costs twice as much as its…
Blog
Harvard Medical School Dean Gives ObamaCare a “Failing Grade”
"In discussions with dozens of health-care leaders and economists, I find near unanimity of opinion that the final legislation that will emerge from Congress will…
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Making Broadband Accessible: Innovation, Not Intervention
FCC regulators want to provide wider and cheaper broadband access by subsidizing it, raising taxes, and forcing network owners to share their network infrastructure with…
Blog
Senate Committee Rubberstamps Left-Wing Ideologue to Head Powerful OSHA Agency Despite His Anti-Gun and Pro-Junk-Science Views
David Michaels, a left-wing ideologue who supports junk science and seeks to restrict gun possession, has been approved by the Senate Health Committee…
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Regulation of the Day 74: Grass Length in Jupiter, Florida
Residents whose lawns are taller than eight inches risk $250 per day fines. The city council voted last night on raising the fines to $1,000…
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Against a Value Added Tax
Over at Investor's Business Daily, Wayne Crews and I make the case against a Value Added Tax. Policy makers have been flirting with the idea…
Blog
Oyster Ban Update: Partial Victory!
The ban, due to take effect in 2011, has not been repealed outright. But, in response to public outcry, it has been delayed.
Blog
Stimulus Package Creates Imaginary Jobs, Destroys Jobs in the Real World
President Obama’s $800 billion stimulus package creates imaginary jobs, while destroying ones in the real world. Billions from the stimulus…
Newsletter
Bailout Transparency, Climate Politics and Mortgage Foreclosures
Rep. Carolyn Maloney introduces a bill to make public details of the bank bailout. Critics accuse President Obama of failing the world on climate change.
Blog
Fixing TARP: Is Transparency Enough?
Transparency is a good start. But the goal should be to not have government bailing out politically favored companies in the first place.
Blog
Labor’s Day at the Federalist Society
Workers may get violent if their wages are cut. The United Auto Workers union (UAW) has a monopoly and was an anchor on the…
Blog
Regulation of the Day 73: Snow Globes as Terrorist Threat
Yes, larger snow globes probably violate the TSA’s three-ounce limit for liquids. But they are not bombs. They are, in fact, snow globes.
Blog
Health-Care “Reform” Bills Increase Costs, Endanger Access for Millions, Federal Experts Say
The healthcare “reform” bill backed by Obama “would reduce senior care,” and “could jeopardize access to care for millions,” report healthcare…
Blog
Andrew Cuomo Sues Intel
Over at the Washington Examiner's Opinion Zone, Wayne Crews and I explain why New York Attorney General Andrew Cuomo's antitrust lawsuit against Intel is a…
Blog
Regulation of the Day 72: Brass Toys, Killer of Children
Toymakers presumably choose brass because it is cheap, durable, and better than alternative materials. Now they will have to turn to those second-best materials despite…
Blog
Obama Administration Hits Brakes on Project Labor Agreement
The Obama administration this week called off bidding on what would have been a union-friendly federal construction project bidding process, in response to a contractor complaint over…
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Regulation of the Day 71: Waistlines
In Japan, it is illegal for men to have a waist larger than 33.5 inches. The limit for women is 35.4 inches. Those in violation…
Blog
Don’t go “lite,” shrink the state, says Smith
CEI’s president Fred Smith is featured today in a video interview with InstaPundit’s Glenn Reynolds – now appearing on Reason’s blog. Fred talks about…
Blog
Insurance Industry Stung By Health Care Deal
The CEO of the National Association of Health Underwriters has an op-ed in today’s Wall Street Journal whining that a weak individual purchase mandate is…
Blog
Unemployment Skyrockets: “U.S. now beating European unemployment rates”
Unemployment is now higher in the U.S. than in Europe, reports the Washington Post. “The official U.S. unemployment rate, reported last Friday, now stands…
Blog
Regulation of the Day 70: Combustible Dust
OSHA has published a proposed rule to regulate one of the greatest threats to mankind: combustible dust.
Blog
Poor Ford – They Thought They Were Operating in the Market
The Washington Times, “Greedy Autoworkers,” editorializes the overwhelming rejection of the UAW’s proposed labor agreement. Unlike GM and Chrysler, Ford elected to reject the…
Blog
Ludwig von Mises Gets Respect
“The Man Who Predicted the Depression,” in Saturday’s WSJ explains von Mises’s interpretation of the business cycle. To Mises, volatility was inevitable with a…
Blog
Buffet Displays Hope in America’s Energy Future
Warren Buffet, one of the most respected investors in America, recently purchased Burlington Northern, one of the nation’s largest railroads with some 32,000 miles of…
Newsletter
Health Care, Alcohol Regulation and Flu Stats
VIDEO: 20TH Anniversary of the Fall of the Berlin Wall The House of Representatives narrowly passes Democratic-sponsored health care legislation. Bob McDonnell wins election to…
Blog
Virginia May Privatize ABC Stores; It’s about Time
In a time when the federal government’s involvement in the economy appears to only grow, it’s encouraging to see at least one industry where the trend…
Blog
CEI Weekly: Cuomo’s Antitrust Witch Hunt
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's testimony in front of the Senate against the…
Newsletter
Cap and Trade, Sarbanes-Oxley and Anti-Cat Regulations
Senate Democrats win committee approval of a “cap-and-trade” bill to reduce U.S. greenhouse gases over the objection of Republicans. The House Financial Services Committee voted…
Blog
Unfunded Mandates
Today's American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of unfunded mandates.
Newsletter
Intel v. Antitrust, U.S. Chamber Caves on Energy and Accounting for Unfunded Mandates
New York attorney general Andrew Cuomo files an antitrust lawsuit against Intel. The U.S. Chamber of Commerce caves into to special interest pressure on energy…
Blog
NY Attorney General Files Antitrust Suit Against Intel
Intel does not enjoy government protection of its market share, nor does it operate in a vacuum, immune from discipline if if its rebates are…
Blog
Regulation of the Day 69: Owning More than Three Cats
A new local ordinance in Dudley, Massachusetts makes it illegal to more than three cats without a license. Coaseian bargaining might be a better solution…
Blog
Regulation of the Day 68: Ironing Tables
At HPI's request, the International Trade Administration will continue to add anti-dumping duties to the price of its competitors' Chinese-made ironing tables. Sorry, consumers.
Blog
ObamaCare Blueprint Called ‘The Worst Bill Ever’: It Drives Up Taxes, Insurance Premiums, State and Federal Deficits, and Legal Bills
The Wall Street Journal calls the House version of President Obama’s health care plan “the worst bill ever,” noting that it…
Blog
If at First You Don’t Succeed, Change the Rules.
From attempting to manipulate the definition of “supervisor” to changing the way in which workers are organized, the above seems to be a…
Blog
Taxes without Borders
This month's issue of Info Tech & Telecom News contains an article by yours truly on certain states' attempts to collect sales taxes from out-of-state…
Blog
Regulation of the Day 67: Oysters
A new FDA rule requires oysters harvested between April and October to be sterilized before they are eaten. An unintended consequence is that the state…
Blog
Reps. Maloney and Adler push true bipartisan stimulus — Sarbanes-Oxley relief
After months of talk about solutions that would rev up job growth and the economy, today the House Financial Service Committee may finally adopt a…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform

Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government

Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance

Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment