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
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
Search Posts
Blog
Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Edition
In the June issue of Reason, one of my favorite publications, Greg Beato has an article discussing the public policy implications of autonomous vehicles, such…
Blog
Government’s Chinatown Bus Shutdowns Based on “Statistical Malpractice”
Reason’s Jim Epstein has an article up that does a nice job debunking a National Transportation Safety Board study, prompted by a 2011…
Blog
First Amendment Menace: Obama Administration to Expand Americans with Disabilities Act over Websites?
Can websites be forced to change to accommodate the disabled -- by using "simpler language" to appeal to the "intellectually disabled," or by making…
Blog
How Online “Marketplace Fairness Act” Could Tax Your 401(k)
Today, the Senate likely will pass the Marketplace Fairness Act, which would force online retailers to collect sales taxes for states in which purchasers reside. Most have heard how this…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from the federal flood insurance to California olives.
Blog
CEI Podcast For May 2, 2013: Small Business Owners Sue Over IRS Obamacare Power Grab
Small business owners and individuals in six states, with help from CEI, are suing the IRS over what General Counsel Sam Kazman calls a flagrantly…
Blog
The Costs Of Union Shareholder Activism
Is shareholder activism a good or a bad thing? That depends on what any given resolution seeks to improve the company's performance, and thereby increase…
Blog
Did Hensarling Force Obama’s Hand On “Recess” Appointments?
They called it a "stunt" early last week when House Financial Services Committee Chairman Jeb Hensarling (R-Texas) refused to allow Consumer Financial Protection Bureau (CFPB)…
Blog
U.S. Government Bans French Cheese Based On Food Prejudices
The U.S. government is banning a standard, normal-smelling French cheese based on its own squeamishness. The cheese in question is Mimolette, a commonplace,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
66 new regulations, from the federal Processed Pear Committee to desert buckwheat.
Blog
Maryland Bill Will Force Teachers To Pay For The Privilege Of Going To Work
In a recent Baltimore Sun op-ed and WorkplaceChoice.org blog post, I argue against Maryland’s Orwellian-named Fair Share Act,…
Blog
Regulation Roundup
From adjustable headlights to going on strike over tight pants.
Blog
CEI Podcast For April 25, 2013: Regulations Are Less Than Transparent
Every year, the Office of Management and Budget (OMB) releases a report on the costs and benefits of the previous year's new regulations. Wayne Crews…
Blog
Why BPA (And Other Chemicals) Don’t Belong On Proposition 65
If you want to have fun in California's Disneyland, avoid reading the warning signs saying that products used in the park may give you cancer…
Blog
Obama’s Controversial Nominee For Labor Secretary To Be Voted On
Cato Institute attorney Ilya Shapiro wrote Tuesday about “Thomas Perez, the assistant attorney general for civil rights who personifies . . . this…
Blog
Costs Rise In Obama’s New 2013 Draft Report To Congress On The Benefits And Costs Of Federal Regulations
Last year, the Obama Office of Management and Budget’s 2012 Draft Report to Congress on the Benefits and Costs of Federal…
Blog
CEI Study: Cost Of Keeping One Unauthorized Immigrant From Getting A Job — $13,000
If Americans truly want to ensure no unauthorized immigrants work in the United States, they better get ready to pay top dollar. E-Verify, the electronic…
Blog
Why FAA’s Child Seat Campaign Is Deadly
Federal law allows airline passengers with children under the age of two to travel with their children on their laps. This option, which has existed…
Blog
Earth Day: The Greener Side Of Growth
Over at Topix.com, my colleague Geoffrey McLatchey and I argue that the biggest factor for improving environmental quality is wealth creation.
Blog
EEOC: A Scofflaw That Poisons The Climate For Hiring
One way the current political climate discourages hiring is by turning problem employees into potential lawsuits for the employers who take the risk…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
86 new regulations, from sorghum ethanol to training miners.
Blog
CEI Podcast For April 18, 2013: CISPA Is The Wrong Approach To Cybersecurity
Today, the House passed the Cyber Intelligence Sharing and Protection Act of 2013 (CISPA). Associate Director of Technology Studies Ryan Radia opposes the bill.
Blog
The Train Wreck That Is Obamacare
At least one union that supported passage of Obamacare, is now calling for its repeal. As The Wall Street Journal notes, the United…
Blog
Fred L. Smith, Jr., In This Month’s Cato Unbound
This month’s Cato Unbound series focuses on the constraints of money in politics, how businesses respond to opportunities for rent-seeking, and prospects for the…
Blog
Lessons On Regulatory Reform: The BRAC Acts
Overview of Regulatory Reform in the U.S. from The Base Realignment and Closure Act The Base Realignment and Closure (BRAC) Act of 1988 was created…
Blog
Food Safety Modernization Act Far More Costly Than Supporters Claimed
“Proposed FDA safety rules frustrate tree fruit farmers,” reported The Washington Post. As the FDA puts “in place a massive overhaul of the nation’s…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
67 new regulations, from drawbridge schedules to wireless signal boosters.
Blog
Railroading The Railroads
In recent years, members of Congress have worked with various interest groups for the purpose of imposing new economic regulations on the…
Blog
Dodd-Frank’s Burden On Credit Unions Highlighted At Hearing
At a recent speech before a convention of the Credit Union National Association (CUNA), new Sen. Elizabeth Warren (D-Mass.) made the pitch that the Dodd-Frank…
Blog
CEI Podcast For April 11, 2013: Reining in Unfunded Mandates
Vice President for Policy Wayne Crews warns that the higher the deficit goes, the more tempted the federal government is to resort to unfunded mandates,…
Blog
Time To Rein In Unfunded Mandates
In today's Investor's Business Daily, Wayne Crews and I point out that the higher deficits go, the more tempting it becomes for Congress to resort…
Blog
Who Profits From Alcohol Taxes?
While there appears to be no acceptable level of alcohol consumption to participants at the Alcohol Policy 16 Conference, which met last…
Blog
Obamacare Strangles Job Creation, Stifles Medical Innovation
Earlier, I wrote about the dismal March jobs report and how high unemployment has been masked by rising numbers of discouraged workers and people…
Blog
Americans Reject Actual E-Verify System
Imagine there was a free program that could guarantee for employers a legal workforce and eliminate illegal immigration. Would you favor such a system? Yes…
Blog
Protectionist Law Proposed In New York Would Hit Wine Consumers Hardest
While most states are desperately trying to figure out ways to encourage business development and reduce the cost of consumer goods, New York is considering…
Blog
JOBS Act — What’s Been Implemented — Is Working; Now Implement The Rest!
CEI Research Associate Evan Woodham contributed to this post. Another round of disappointing jobs numbers released last Friday shows more than ever that massive…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
56 new rules, from school lunches to studying landfills.
Blog
Dismal Jobs Figures Don’t Increase Official Unemployment Rate, As Job-Seekers Give Up, Or Go On Disability
The stock market has fallen this morning in response to the dismal March jobs report released this morning, which showed that a meager…
Blog
Regulation Roundup
Man avoids jail time for falsely yelling out "Bingo!" during a game, plus more.
Blog
CEI Podcast For April 4, 2013: Reining In The CFAA
Under the CFAA, it is currently a federal crime to enter an incorrect age on your Facebook profile or an incorrect weight on a dating…
Blog
Lessons From Dutch Regulatory Reform: How The U.S. Could Save $450 billion Per Year
In 2003, the Dutch improved their regulatory situation through the “Dutch Administrative Burden Reduction Programme.” This program sought to reduce the cost of regulatory burdens…
Blog
The Myth Of Welfare Reform
Welfare reform is largely a myth. Many people who used to be on welfare have since gone onto Social Security Disability. That benefits states…
Blog
Regulatory Lessons From The United Kingdom (Continued)
Overview of the Red Tape Challenge In early 2011, the UK started the Red Tape Challenge to gather ideas as to how it could improve…
Blog
Cyprus Is A Lesson For U.S. Policy Makers: Too Big To Fail Is Not Inevitable
American financial regulators could take a lesson from their European counterparts. The recent EU bail-in/bailout of Cyprus, despite its dangers, shows that reducing moral hazard…
Blog
Incentives Matter, Even For Transportation
CEI’s Marc Scribner previously commented on how advocates for greater investment in transportation infrastructure frequently disregard the infrastructure measure that really matters -- the…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
100 new regulations, from collisions at sea to electronic forms.
Blog
CEI Podcast For March 28, 2013: The TSA’s Illegal Body Scanners
Despite a court order, the TSA is still dragging its feet on complying with the law. Fellow in Land-use and Transportation Studies Marc Scribner has…
Blog
White House Immigration Bill Will Be A Disaster Without Accessible Work Visas
President Obama’s recently leaked immigration bill left off the most important component of an immigration bill: the immigration part. Given the fact that the Chamber…
Blog
The Red Tape Challenge
Over at the Daily Caller, Christian Rice and I take a look at a successful regulatory reform model in the UK: the Red Tape Challenge:…
Blog
When The Nanny State Kills
The government told people to switch from saturated animal fats to unsaturated vegetable fats. But that advice may have killed a lot of people.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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