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: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
Search Posts
Op-Eds
Liberate the Jobs!
The most fascinating aspect of House Speaker John Boehner’s very effective address to the Economic Club was not the specific solutions he presented but the…
Fox News
Regulation Nation: As Firms Grow, Regs Follow
Fox News highlights Wayne Crews's annual report on the size of the federal regulatory burden. In his yearly report, Ten Thousand Commandments: An…
Blog
Obama and Sarbanes-Oxley Review — The One Sentence Worth 4,000 Words for Jobs
In President Obama’s 33-minute-long speech to Congress on job creation last week, one sentence was worth nearly all the rest of his 4,000 words.
Blog
Infrastructure Si, Infrastructure Bank No
In his Forbes column, James Glassman provides a counterpoint to the Obama proposal to create a national infrastructure bank. Rather than direct funds through…
Blog
Congressional Vote to Halt NLRB Job-Killing Regulations
President Obama and the Senate Democrats' agenda will be put to the test. GOP senators have called for the vote on the Protecting Jobs…
Fox News
Law Schools Roundup
St. Louis Post-Dispatch
GOP Attack on Regulations Starting This Week
The St. Louis Post-Dispatch discusses Wayne Crews's report on the size of the federal regulatory burden. Complaints about government overreach are not new,…
St. Louis Post-Dispatch
Will Obama and Congress Slay the Sarbox Job-Killing Monster?
In President Obama’s 33-minute-long speech to Congress on job creation, one sentence was worth nearly all the rest of his 4,000 words. In the…
House Oversight Committee
Broken Government: How the Administrative State has Broken President Obama’s Promise of Regulatory Reform
Blog
H.R. 1909 Brings Competitive Regulation to Small Loan Market
The Summer of 2011 will likely be remembered as a season that overregulation came to a boiling point -- at all levels of the U.S. government.
Blog
Belt Tightening At FAA’s Office of Commercial Space Transportation
Last week the House Appropriations Committee released its draft bill for funding of Transportation, Housing and Urban Development. Of particular note is the appropriation…
Blog
State Losing Control of Pennsylvania Liquor
Privatizing Pennsylvania's liquor stores has been a subject of debate for decades. Proposals in the past have been met with fear about the effects privatization…
Blog
Regulatory Roundup
Here’s another batch of regulatory bloopers: In Little Rock, Arkansas, it is illegal to honk your horn at a restaurant after 9:00 pm. It has…
House Oversight Committee
Nice Talk. When’s the Jobs Speech?
Hauling the United States Senate and a reluctant House together to listen to you on NFL kickoff night–when it’s not even State of the…
House Oversight Committee
Immigration is Not Charity
The biggest misconception about immigration is that it is a zero-sum game–that there is a finite number of jobs which immigrants “take” from the…
House Oversight Committee
A Plan Better than Obama’s to Create Jobs
News Release
CEI Presents Alternative to American Jobs Act
Washington, D.C., September 9, 2011—Last night, President Obama presented Congress with a $447 billion “American Jobs Act.” The high price tag covers yet another…
Blog
Obama’s Costly, Unaffordable, Harmful New Stimulus: The “American Jobs Act”
President Obama wants Congress to pass a $447 billion proposal called the "American Jobs Act," a costly set of recycled stimulus plans that contains no new ideas…
Blog
My Fantasy Obama Jobs Speech
The following is my fantasy speech on jobs from Barack Obama. He looks at CEI's websites, realizes his big-government approach has been all wrong, but…
Blog
The “Overhead Smash” Of ITAR
Over at Beltway Confidential today, Tim Carney asks if one of the unintended (or perhaps not-so-unintended) consequences of Dodd-Frank will be to…
House Oversight Committee
Jobs Speech Won’t Do the Job
Presidential candidate Mitt Romney released his own jobs agenda this week in anticipation of President Obama’s Thursday address to Congress. The most important idea is…
News Release
CEI’s Ten-Point Plan to Create Jobs
1. Repeal financial “reform” laws, such as Dodd-Frank and the Sarbanes-Oxley Act, that are causing economic uncertainty and dissuading businesses from expanding, investing, and hiring…
Blog
TSA Agent: Be Quiet About Alleged Sexual Assault, or Pay $500,000
Give some people a badge, and the power goes to their head. A TSA agent has threatened to sue a female traveler who complained…
Blog
Obama Infrastructure Stimulus: Union Payoff Filled with Rail Boondoggles and Pork
Obama's proposed infrastructure stimulus is a payoff to Big Labor, as economist Ronald Utt explains. It "represents tens of billions of dollars in high,…
Blog
Stimulating Language
I’ve argued for a long time that stimulus bills are poorly named; it implies that they stimulate the economy. “Spending bill” is a non-loaded term…
Blog
Dear Labor, Don’t Fear the Robot
In California, a war is quietly being fought: workers versus technology. And the war has materialized in the form of a bill that seeks…
Blog
Obama’s Ironic, Belated, and Unaffordable Infrastructure “Stimulus”
In a Labor Day speech to an AFL-CIO rally in Detroit, President Obama said that "roads and bridges nationwide need rebuilding and more than…
Canada Free Press
Obama’s Jobs Speech is D.O.A.
Canada Free Press discusses Wayne Crews's study on the size of the federal regulatory burden. Obamacare has stalled hiring as businesses large and…
Atlantic Highlands Herald
The Jobs-Thing
The Atlantic Highlands Herald discusses Wayne Crews's report on the size of the federal regulatory burden. This topic crosses the eyes of the man on…
Blog
Regulation Roundup
Burping in church is illegal in Nevada unless it's accidental, plus more.
Blog
Alcohol Regulation Roundup: September 2, 2011
I'm back from the West Coast with another (hoppier) edition of the Alcohol Regulation Roundup, a collection of stories about our nations constantly changing, sometimes…
Blog
A “Condom Mandate” is No Benefit for Adult Film Actors
I heard the news while driving home from work: a California porn star tested positive for HIV, resulting in a voluntary…
Atlantic Highlands Herald
Obama’s Anti-Jobs Agenda
Though President Obama is nowhere to be seen on ground-level job-creation efforts apart from the golf course, he did issue an early 2011 executive order…
News Release
Zero August Job Growth Reflects Anti-Business, Red Tape Climate in Washington
Washington, D.C., September 2, 2011 — Today’s job numbers from the US Department of Labor are downright dismal: the economy failed to add new…
Blog
CEI Podcast for September 1, 2011: The Blocked AT&T-T-Mobile Merger
The Department of Justice sued this week to stop the proposed AT&T-T-Mobile merger. Associate Director of Technology Studies Ryan Radia thinks this is a mistake.
Blog
The DOJ’s Antitrust Seers
The philosopher Yogi Berra once said that “It’s tough to make predictions, especially about the future.” Let’s apply his lesson to the proposed $39 billion…
Blog
Regulation of the Day 196: Babysitting
This bill will result in a lot of unhappy nights at home for frustrated parents – and a lot less income for sitters who have…
Blog
NLRB’s Pro-Big Labor Ruling Trifecta is Bad News for the Economy
Earlier this year, President Obama proudly touted his executive order calling for federal agencies to review regulations on their books and identify obsolete rules for…
Blog
Despite D.C. Legalization of Online Poker, Players Leave USA
It is perhaps a little ironic that the most vocal opponents of online poker will soon be the only people in the USA who can…
Blog
Many New Job-Killing Regulations from the Obama Administration
Andrew Stiles describes "Ten Job-Destroying Regulations" from the Obama administration that will wipe out hundreds of thousands of jobs. Another job-killing regulation is the…
Blog
Welch vs. Lee: What About Freight?
Libertarian urbanist -- call him a "market urbanist" -- Timothy B. Lee recently had an article at Forbes.com in which he criticized Matt Welch…
Blog
Infrastructure Pork versus Infrastructure Investment: In Washington, There is No Difference
The labor theory of value still survives -- at least in politics. Both Democrats and Republicans still believe that "government must create jobs," and if…
Washington Times
Obama’s Proposed Regs Would Cost Billions Annually
Washington Times highlights Wayne Crews's study on the federal regulatory burden. And a study by the Competitive Enterprise Institute, a free market think…
Blog
More Barriers to Job Creation from Obama Administration: Employers Must Hire Alcoholics as Truck Drivers Despite Liability Risk
The president is full of hollow rhetoric about creating jobs, even though his stimulus package destroyed jobs in our export sector and…
Blog
AT&T-T-Mobile Merger Delayed
A few months ago, the FCC said it would hand down a decision on whether to allow AT&T and T-Mobile to merge within 180 days.
Washington Times
Do We Really Need a National Weather Service?
As Hurricane Irene bears down on the East Coast, news stations bombard our televisions with constant updates from the National Hurricane Center. While Americans ought…
Blog
Regulation Roundup
Some of the stranger rules I've dug recently:…
Blog
The Texas Empire Strikes Back
Well, I made a prediction here yesterday: It will be interesting to see how those in Congress who have been demanding…
Blog
Who’s Afraid of Snuggles the Bear?
As the East Coast braces to be pummeled by Hurricane Irene, a new study in the Journal Air Quality and Atmosphere…
Blog
NLRB to Businesses: Tell Employees they Can Unionize
The National Labor Relations Board has issued a new rule “requiring most private-sector employers to notify employees of their rights under the National Labor…
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