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
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This week in ridiculous regulations: airline fees and greenhouse gas reporting
The Federal Register grew at nearly triple its usual pace last week. It is on pace for its first-ever 100,000-page year. GDP growth slowed to…
The Center Square
Study: Mixed record on permitting reform offers some hope
CEI’s James Broughel provided comments to The Center Square about a study he authored: “Pennsylvania’s a state where energy is very important to its…
Forbes
Libertarian Victory: You Mean We Can Shut Down Government Without Even Passing A Law?
It is happening again. Congress will enact another bloated, pork-laden and largely unread omnibus spending bill to complete formal appropriations for the 2024 fiscal year…
Search Posts
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FDA Needs to Act on Internet and Social Media Policy
Way back in September 2009, the Food and Drug Administration announced that it would begin using the social media site Twitter to share news and other…
Blog
Obama’s Transparency War Targets Climate Skeptics
President Obama ran on a platform of transparency. He praised whistleblowers. “Such acts of courage and patriotism,” he said, “should be encouraged rather…
Blog
NTSB Recommends Useless National Ban on All Mobile Phone Use while Driving
The National Transportation Safety Board (NTSB) yesterday called on all states to ban "the nonemergency use of portable electronic devices (other than those designed…
Blog
FDA Was Right to Deny Petition to Restrict Animal Antibiotics
I didn't have a chance to write about it then, but a few weeks back the Food and Drug Administration denied a…
Blog
A Nice Review of Stealing You Blind
David Hogberg of Investor’s Business Daily and The American Spectator has a very complimentary review of my book, Stealing You Blind: How Government Fatcats…
Blog
CEO of Land-Based Casino Morally Opposed to Online Gambling
File under Hypocrisy 101. Sheldon Adelson, the CEO and Chairman of Las Vegas Sands Corp., which owns some of the largest casinos in…
Blog
Immigration is Good for Natives
Alabama, South Carolina, and Georgia are joining the list of states with tough anti-immigration laws. On January 1, most of those laws…
Blog
Print Out Your Durbin Dollars
Senator Dick Durbin has a truly backwards view of how capitalism is supposed to work. Thanks to price controls produced by his amendment to the…
Blog
The GOP Response to TSA Strip-Searches
The TSA has allegedly strip-searched an elderly woman for wearing a back brace. They wrongly suspected it was a money belt. This search was security-unrelated;…
Blog
Dept. of Labor to Send Ag-Youths A’packin’
Regulatory war has been waged against another job-creating sector of the American economy. The U.S. Department of Labor has set forth new proposals restricting children…
Blog
Christmas Liquor Bans: Is Your State on the List?
If you were planning to go-a-Wassailing along this Christmas, you may want to read this post carefully so that you can plan your booze-buying accordingly…
Blog
Regulation Roundup
Boy, 7, kicks bully in the groin, school officials threaten sexual harassment charges, plus more.
Blog
NLRB Drops Case against Boeing – Finally
Today, the National Labor Relations Board (NLRB) announced that it has decided to drop its case against Boeing, over the airplane manufacturer’s opening of…
Blog
CEI Podcast for December 8, 2011: House Passes the REINS Act
Vice President for Policy Wayne Crews talks about the impact REINS could have on increasing transparency and accountability. He also offers up a few more…
Op-Eds
A Cautionary Tale on Government Spying
Who enforces the law? Most people would answer that this is the central function of government. However, America’s federal government has increasingly distanced itself from…
Op-Eds
Labeling Of Biotech Foods Is Unnecessary And Unconstitutional
This piece was co-written with Henry Miller. Should the government require that labels on cans of marinara sauce contain information about whether the tomatoes in…
Citation
Idaho Reps. Simpson, Labrador Hail House Passage of Regulatory Reform Bill
Blog
Good News/Bad News on Compensating Bone Marrow Donors
By now, there's been plenty of news highlighting last week's decision by the Ninth Circuit Court of Appeals that the National Organ…
Blog
Reforming Medical Malpractice Law: Interesting Discussion about Damage Limits in Malpractice Cases
Point of Law has an interesting debate over whether medical-malpractice noneconomic damage caps hurt consumers, between Ted Frank and Shirley Svorny. As…
Blog
Alcohol Regulation Roundup: December 7, 2011
Arizona: Liberalization of beer laws in Arizona has kick-started the state’s craft brewing market. The state allows small producers to skip the wholesaling tier…
Op-Eds
Without REINS It Pours: A Christmas Wish For Sane Government
This year, Congress has passed and the president has signed into law 39 pieces of legislation by my quick count. They’re representatives, elected precisely…
Blog
Legalizing Kidney Sales Would Save Thousands of Lives, Save Taxpayers a Bundle
Kidney sales should be legal, explains kidney donor Alexander Berger in The New York Times. Berger is a research analyst for GiveWell, a nonprofit that…
Blog
Brooks: More Regulations Don’t Have Huge Effect on Economy
David Brooks’ article today in The New York Times belittles the cost of regulation to American businesses and the U.S. economy and praises the…
News Release
House Expected to Vote Tomorrow on REINS Act
Washington, D.C., December 6, 2011 –Tomorrow, the U.S. House of Representatives will likely vote on the Regulations from the Executive In Need of Scrutiny…
Blog
Labor Leaders for Communism!
Legendary labor leader Andy Stern has seen the future. There's no freedom there, but he's OK with that. Stern, a former president of the Service…
Blog
On 10th Anniversary of Enron Collapse, Time for Sarbanes-Oxley to Go
Ten years ago today, Enron Corp. filed for bankruptcy. Today, with all of its dealings with banks, it would probably have been deemed "too big…
Citation
GOP Hopefuls, Administration on Same Page
Op-Eds
The Regulatory Thicket
How to Do ItIn the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation.
Blog
Barney Frank’s Committee Rebukes Dodd-Frank Derivatives Rules
There are other factors at play, but has anyone noticed how much the stock market has surged since Rep. Barney Frank (D-Mass.) announced he…
Blog
NLRB Tempers Quickie Elections, Not Overreach
Yesterday, National Labor Relations Board Chairman Mark Pearce issued a statement describing the proposed rule changes to the union election process. The changes were…
Blog
Deregulation Watch: Horsemeat
Last year, about 138,000 horses were taken to slaughterhouses in Canada and Mexico, defeating the very purpose of the ban. Recognizing its failure, the ban…
Op-Eds
A Federal Black Friday
Black Friday this year was a roaring success. I have heard it said that it is called Black Friday not because it inspires black tempers…
Op-Eds
Manhattan Moment: Here’s the Right Way to Do Regulatory Relief
In the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation. Yet if implemented correctly,…
Blog
Hidden Regulations Stifle Job Creation; EEOC Kills Jobs By Promoting Lawsuits
When reporters write stories about the cost of regulations, they only focus on regulations found in formal codes of regulations. But most regulations aren't formal…
Blog
Barney Frank’s Cognitive Dissonance on Liberties and Risk-Taking
Congress will certainly be different and, for the country, better with the absence of Rep. Barney Frank, who announced today he will not seek reelection.
Blog
Regulation of the Day 201: Playground Chatter
Quebec officials are starting to listen in on what children are talking about on school playgrounds during recess to make sure they are speaking French.
Blog
Update on FMCSA’s Proposed Hours-of-Service Rule
The Federal Motor Carrier Safety Administration (FMCSA), the agency tasked with writing and enforcing safety regulations for large trucks and buses, is due today to…
Blog
Are We Living in Post-Republic America?
Americans have the notion that liberty equals elections, and therefore feel themselves still living in a free country so long as elections proceed as scheduled. But the growth of government bureaucracy…
Blog
Is the Four Loko/FTC Settlement on the Rocks?
If you're a regular reader of OpenMarket.org, then you know we at CEI have written quite a bit on the issue of Four Loko.
Op-Eds
The Root Cause of Market Failure In Higher Education
A little noticed Associated Press news story last week reported that China now plans to phase out college majors that consistently produce unemployable graduates. Any…
Op-Eds
Cut a Cabinet Department? You Must Be Joking
“Laws were most numerous when the state was most corrupt.” — Tacitus, The Annals III.27 Texas Gov. Rick Perry came in for much ridicule for…
Blog
Regulation of the Day 200: Flying Food
Millions of Americans are taking to the skies to spend time with their families over Thanksgiving. Many of them will be carrying leftovers on their…
Blog
Government Meddling Won’t Create Jobs
The Hill recently ran my letter to the editor responding to Sen. Tom Harkin’s column, “Republican attacks on workers’ rights won’t create jobs.” I make…
Blog
CEI Podcast for November 23, 2011: The Most Expensive Regulation of All Time?
What is the single most expensive regulation of all time? Energy Policy Analyst William Yeatman has one candidate: the EPA’s proposal to regulate mercury emissions…
Op-Eds
Obamacare Sequesters Your Flex Account
Attention Joe and Jane Citizen! Concerned about the fiscal future of your country and your family? Then please step away for five minutes from the…
Citation
Clean Energy: The Dirty Truth
CEI fellow Bill Frezza says that government should not pick winners and losers in energy…
Blog
Amtrak Bans 12-Year-Old Unaccompanied Child Riders
In Japan, 6-year-old children are not only allowed to ride the train by themselves, but are eligible for a special fare. Not so in America,…
Blog
Minnesota Gov. Mark Dayton Orders Unionization of Child Care Providers
The NLRB’s pro-union bias and penchant for overstepping legal precedent has spread to Minnesota. Governor Mark Dayton (DFL) issued an executive order calling for…
Blog
Elites of the World, Unite! You Have Nothing to Lose!
And they are — but we have much to lose. See Iain Murray’s latest piece on the EU crisis. The intellectual temptation — the…
Daily Caller
Leaders with Ginni Thomas: Fred Smith, Competitive Enterprise Institute
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