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: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
Search Posts
Blog
CEI Podcast for January 12, 2011: Public-Private Partnerships
Land-use and Transportation Policy Analyst Marc Scribner talks about his new CEI Issue Analysis, "The Limitations of Public-Private Partnerships."…
Blog
US Loses Ground in 2011 Index of Economic Freedom
The U.S. dropped from 8 to 9 on the just-released “Index of Economic Freedom” put out by the Heritage Foundation and the Wall Street…
Blog
Why Do States Still Require Phone Books to Be Delivered?
Did you know that some states require companies to deliver phone books to state residents? Never mind the fact that most people don’t use phone…
Blog
Villaraigosa: Brown’s Elimination of Redevelopment Agencies “a Non-Starter”
Pro-smart-growth, “green” Los Angeles Mayor Antonio Villaraigosa is upset with Governor Jerry Brown’s remarkably sensible decision to shut down the state’s 425 redevelopment agencies, including…
Blog
Troubles in Central Planning: New York City Cabs
Via the New York Times, an article with empirical evidence that regulatory incentives encourage cabs to disappear around 5pm, just when they are needed…
Blog
Morning Media Summary
Tech: Verizon iPhone Could Double U.S. Mobile Games Industry This Year: “Earlier today, Verizon and Apple finally confirmed what everyone knew was coming:…
Op-Eds
The FDA Needs Strong Medicine
Christmas came a couple of weeks late to the business sectors regulated by the Food and Drug Administration. The greatest threat to the success of…
Blog
Morning Media Summary
Tech: Iceland protests to U.S. over Twitter data demand: “Iceland called in the U.S. ambassador in Reykjavik on Monday to register its displeasure…
Blog
Morning Media Summary
Tech: Twitter endorsements face OFT clampdown: “How does a celebrity declare their affiliations to certain brands in fewer than 140 characters? Many may…
Blog
Dodd-Frank Financial “Reform” Violates Property Rights and Equal-Protection Guarantees
Last week, I described how the Dodd-Frank financial “reform” law passed last summer violates constitutional separation-of-powers safeguards by giving unaccountable bureaucrats the…
Blog
Dodd-Frank Violates Separation of Powers and Constitutional Checks and Balances
In a recent edition of the Washington Post, former White House counsel C. Boyden Gray noted that the sweeping Dodd-Frank financial “reform” law passed…
Blog
Morning Media Summary
Tech: Hackers find new way to cheat on Wall Street – to everyone’s peril: “High-frequency trading networks, which complete stock market transactions in…
Blog
CEI Podcast for January 6, 2011: D.C.’s Plastic Bag Tax
Warren T. Brookes Journalism Fellow Kathryn Ciano talks about Washington, DC's five-cent tax on plastic bags.
Blog
More Signs of Incompetence in Washington, D.C. Transit System
In the latest sign of dysfunction at the Washington Metropolitan Area Transit Authority (“Metro”), the struggling subway system has appointed a supervisor of escalators…
Blog
What Government Unions Want: One, Two, Many Californias
That the large Republican gains in the 2010 midterm elections pose a setback for organized labor’s agenda is hardly news. What will be newsworthy is…
Blog
Morning Media Summary
Tech: HHS is Paying Google with Taxpayer Money to Alter ‘Obamacare’ Search Results (Updated): “The brazenness of the Obama administration never ceases to…
Citation
Ag Roundup: New GOP House May Strip Food Safety Law … Can GE and Non-GE Alfalfa ‘Co-Exist?’
One News Show
Record-breaking federal report
The WHIR
What’s hampering innovation?
The WHIR discusses regulation approval processes with Wayne Crews. Wayne Crews of the Competitive Enterprise Institute took the first position. He feels that…
Blog
New York Snow Debacle Shows: It’s Government Unions vs. Taxpayers
The longstanding alliance between Democratic politicians and government employee unions has come under increasing strain, as I recently noted in a Washington Times op…
Blog
Morning Media Summary
Tech: CES 2011 Predictions: 7 Trends To Watch At The World’s Biggest Tech Show: “Las Vegas is currently gearing up for the Consumer…
Blog
Morning Media Summary
Tech: Court OKs searches of cell phones without warrant: “The California Supreme Court allowed police Monday to search arrestees’ cell phones without a…
Blog
New Jersey Trying to Seize Unused Gift Card Balances
That's one way to fix a busted budget. Here's another: spend less.
Blog
TSA’s High Failure Rate Is the Least of its Problems
If policymakers were rational, they would give twenty times more attention to lightning strike prevention than to terrorism. But they aren't, and they don't.
Blog
Morning Media Summary
Tech: The 10 best Android hacks: “The web’s massed fanboy armies will debate the relative merits of iOS and Android until the apocalypse,…
One News Show
IRS’s tax help could hurt, says critic
One News Show
Manufacturing Unemployment
For most Americans, persistently high unemployment is a new development — but employment in the manufacturing sector has been taking a beating for decades. Painful…
Blog
Union Holds New York Hostage
Public anger over New York City’s botched snow plowing effort this week has turned to the city’s sanitation workers union — for good reason.
Blog
2010 Federal Register is Third-Largest Ever
The final unadjusted page count is 82,589 pages. That's the third highest ever.
Blog
Morning Media Summary
Tech: Apple Sued Over Apps Privacy Issues; Google May Be Next: “Two separate groups of iPhone and iPad users have…
One News Show
Jobs, Joblessness and Obamanomics
While watching one of the news shows I had recorded over the weekend, a particular panelist’s comment stood out for its rare feat of actually…
Blog
Morning Media Summary
Tech: Earth project aims to ‘simulate everything’: “An international group of scientists are aiming to create a simulator that can replicate everything happening…
The New American
Prof. Alfred Kahn, Father of Airline Deregulaton, Passes Away
Blog
New CEI Podcast — December 28, 2010: IRS as Tax Preparer?
Fellow in Regulatory Studies Ryan Young looks at the IRS' proposal to save you time by doing your taxes for you.
Blog
Alcohol Regulation Roundup: December 28
Much a like a family that you don’t get to choose, let’s make a quick holiday visit to the states around the nation and their…
Blog
Alfred E. Kahn, 1917-2010
The man behind airline deregulation passed away yesterday at age 93. Let us learn from his example of a life well lived.
Blog
Morning Media Summary
Tech: Top Chinese blogger shuts down country’s first pvt magazine: “China’s first private magazine, which was launched by famous blogger Han Han in…
The New American
Warner’s actions sometimes belie his words
Blog
Morning Media Summary
Tech: Top 10 Tech Disasters That Haven’t Happened… Yet: “Congratulations: You’ve survived another year, and 2010 was quite an eventful one. For…
Blog
Time for Big Cuts in Education Spending?
America spends far more on education than countries like Germany, Japan, Australia, Ireland, and Italy, both as a percentage of its economy, and in absolute…
The New American
For the TSA, all risks are created equal
John Pistole, the head of the Transportation Security Administration, recently told The Atlantic in an interview that “we’ll never eliminate risk” of terrorist attacks on…
The New American
Debit Card Restrictions Bad News for Consumers
Blog
Morning Media Summary
Tech: Skype Outage hits users worldwide: “Millions of Skype Internet phone users worldwide couldn’t make calls — or were dropped in mid-conversation —…
Blog
FCC Net Neutrality: Some Networks are More Neutral than Others
Today’s decision [by FCC bureaucrats] will help preserve the free and open nature of the Internet [as defined by the government] while encouraging innovation [as…
Blog
The Obama Administration’s Misguided War on For-Profit Colleges
In Forbes, economist Richard Vedder of Ohio University documents the blunders behind the Obama administration’s war on for-profit colleges that wiped out $8 billion…
Blog
Will Net Neutrality Save the Internet?
Reason.TV created an excellent video explaining Net Neutrality and arguing against it. I’ve heard too many people irrationally claim that big corporations are going to…
Blog
Morning Media Summary
Tech: E-Mail Gets an Instant Makeover: “Signs you’re an old fogey: You still watch movies on a VCR, listen to vinyl records and…
Study
Resist Over-Caution on Nanotechnology and other Frontier Sciences
Full Document Available in PDF Nanotechnology is the cutting-edge science and…
Study
Improve Food Safety and Quality though Greater Information, Consumer Choice, and Legal Accountability
Full Document Available in PDF Few…
Study
Recognize the Deadly Effects of Over-Regulating Medicines and Medical Devices
Full Document Available in PDF Over the past…
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