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
Study
Reject the Precautionary Principle, a Threat to Technological Progress
Full Document Available in PDF Increasingly, governments and environmental activists…
Blog
Obamacare Makes State Budget Problems Worse
Obamacare is making state budget problems much worse, as governors now lament. Earlier, CEI filed an amicus brief in Florida v. HHS on…
Study
Recognize the Elitist Nature of “Anti- Sprawl” Measures
Full Document Available in PDF For the greater part of the last…
Blog
CEI Podcast — December 21, 2010: What’s Next for Immigration Reform?
CEI Policy Analyst Alex Nowrasteh goes over the good and the bad of the DREAM Act, which recently stalled in the Senate, and offers his…
Blog
Morning Media Summary
Tech: FCC to Vote on Internet Regulation Plan Despite Economic Warnings: “Lawmakers are on high alert as the Federal Communications Commission prepares…
Study
Clarify the Role of Intellectual Property in the Economy
Full Document Available in PDF Copyright and patent laws protect…
Study
Encourage Competition between Different Types of Depository Institutions
Full Document Available in PDF Three major types of depository institutions—banks,…
Study
Forge a Bipartisan Approach to End Corporate Welfare
Full Document Available in PDF One of government’s primary current undertakings…
Study
Avoid Extending Antitrust Regulation into New Competitive Realms
Full Document Available in PDF Over the past several decades, until…
Blog
Food Safety Modernization Act Passes; Unconstitutional Provision Supposedly Removed
The Food Safety Modernization Act was passed again by Congress on Sunday, apparently without a provision that earlier drew criticism for violating the Constitution by having a…
Blog
Morning Media Summary
Tech: Chavez defends plan for Internet regulations: “Venezuelan President Hugo Chavez defended plans for a law that would impose broadcast-type regulations on the…
Citation
Future FSA, HRA charges to fund ObamaCare
Before It's News
FCC Threatens to Impose Destructive Rules on Internet
Before It's News
The Fed’s Christmas Gift: Reduced Fees for Fat-Cat Merchants
On a snowy Thursday in the nation’s capital – with little more than a week to go until Christmas – the Board of Governors of…
Blog
Judicial Hellholes Kill Jobs and Redistribute Wealth
The most recent list of judicial hellholes has just been released by the American Tort Reform Association. It lists “courts in Philadelphia; California’s Los Angeles…
Blog
Morning Media Summary
Tech: FCC’s net neutrality plan faces growing chorus of bipartisan opposition: “As the Federal Communications Commission (FCC) prepares to vote next week on…
Blog
Nanny-Statist CSPI Sues to Ban Happy Meals at McDonald’s
An ill-informed left-wing group, the Center for Science in the Public Interest, is suing McDonald’s in California to ban toys from Happy…
Blog
Should Obamacare Be Struck Down In Its Entirety Rather Than Just Having Its Unconstitutional Parts Severed?
In his ruling striking down Obamacare’s individual mandate (requirement that people buy health insurance), Judge Hudson in Richmond declined to strike down the rest…
Blog
Security Theater, D.C. Metro Edition
Everyone wants our transportation systems to be safe. But safety must also be balanced with respecting the privacy of citizens, and not wasting money on…
Blog
Morning Media Summary
Tech: Approval of Internet traffic rules likely-analysis: “Contentious Internet traffic rules facing a vote next week are likely to be adopted without radically…
Before It's News
Fed Interchange Price Controls Leave Consumers Paying Big
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give a…
News Release
Federal Reserve’s Interchange Price Controls: Gift to Retailers, Lump of Coal for Consumers
Washington, D.C., December 16, 2010 – This afternoon in a public meeting, the Federal Reserve will release draft rules to implement Dodd-Frank’s Durbin Amendment, which…
Blog
Interchange Price Controls: Gift to Big Merchants, Lump of Coal for Consumers and Community Financial Institutions
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give…
Blog
An Update on State Alcohol Regulations
Here is another installment in the roundup of news regarding the weird and wacky state of alcohol regulation in the U.S.: California: The “sangria…
Blog
CEI Podcast — December 15, 2010: Alcohol Regulations Across the Country
Michelle Minton, CEI's Director of Insurance Studies, takes a whirlwind tour of alcohol regulations across the country.
Blog
Morning Media Summary
Tech: Air Force Blocks Media Sites: “The U.S. Air Force is blocking its personnel from using work computers to view the websites of…
Blog
Is Obamacare’s Government Healthcare Takeover a “Civil Right”?
Doug Powers takes aim at the silly argument by the Obama administration that opposing Obamacare is analogous to opposing basic civil rights. As he…
Blog
Reactions to Court Ruling Striking Down Part of Obamacare in Virginia v. Sebelius
Yesterday, a federal judge in Richmond struck down Obamacare’s requirement that individuals buy health insurance. Cato Institute’s Ilya Shapiro reacts to the decision…
Blog
Morning Media Summary
Tech: Gawker Media Hacked, Warns Users to Change Passwords: “E-mail addresses and password details for 200,000 registered users of Gawker…
Blog
The Day Four Loko Died
Last month, when Phusion Projects announced they were removing caffeine from their popular alcoholic-energy drink Four Loko, they told the FDA that “original recipe”…
Blog
Ruling in Virginia’s Challenge to Obamacare Individual Mandate Expected Today
A ruling in Virginia’s constitutional challenge to Obamacare’s individual mandate is expected later today. The Competitive Enterprise Institute joined in an amicus brief filed…
Before It's News
Feds Use New Tool to Target Ex-CEO
The Daily Caller
Federal Pay Freeze: More Things Stay the Same
Five short months after Democrats called Republicans’ suggestion to freeze federal pay a “cynical ploy,” President Obama announces his plan to freeze federal paychecks…
Blog
Are Government Employee Unions Losing the Democrats?
Government employee unions have long been renowned as one of the Democratic Party’s most loyal and dedicated supporting constituencies. For years, Democratic politicians have supported…
Blog
New Fast Food Restaurants Banned in South Los Angeles
New fast-food restaurants are now banned in South Los Angeles. Say goodbye to many entry-level jobs in that poor urban area. The cockamamie idea behind this ban is…
Blog
Energy Drink Ban? What’s Next?
Lynne Nowick, a legislator in Suffolk County, New York, wants to ban energy drinks for anyone under the age of 19 years old. Why?…
One News Now
Backup camera rule expensive, ineffective
Blog
Court Rejects Obesity Class-Action Against McDonald’s
A New York court has refused to certify a class-action lawsuit against McDonald’s by people claiming it made them obese. As Ted Frank notes,…
One News Now
FDA recalls = future food fiascos
Blog
Small Brewers’ Big Mistake in Colorado
In Colorado, the only place one can purchase alcoholic beverages over a strength of 3.2 percent alcohol by volume to take home is in a…
Blog
Morning Media Summary
Tech: Anonymous’ Operation : Payback campaign defends Wikileaks, downs MasterCard website: “Online supporters of whistleblowing website Wikileaks are fighting back…
publication:http://calvinayre.com/2010/12/08/legal/will-reid-online-poker-bill-win-congressional-pot/
Will ‘Harrah’ Reid’s Online Poker Bill Win the Congressional Pot?
Hawaii Reporter
Make America Stronger, Smarter and Save Trillions
The Hawaii Reporter discusses the costs of regulation with Wayne Crews. The magnitude of the costs of regulations for example, is staggering. Clyde…
Blog
People Do What You Pay Them to Do
This seems like an obvious statement. But Big Government is shocked — shocked! — when it pays doctors to perform surgeries instead of taking time for…
Blog
Deal to Explode Deficits by $900 Billion Will Burden States and Employers With More Unemployment Costs
President Obama and Republican leaders reached a deal to extend the Bush tax cuts for two years — and temporarily reduce social security payroll taxes…
Blog
Morning Media Summary
Tech: Sharpton: FCC should threaten radio stations carrying Rush [Video]: “If the left can’t get Rush by reviving the Fairness Doctrine, maybe the…
Hawaii Reporter
More FDA Authority Won’t Improve Food Safety
Letters
Coaliton Letter on Credit Union Regulatory Relief
Full Document Available in PDF Along with this letter please find a new advertisement, signed…
Blog
Morning Media Summary
Tech: Wave Goodbye to Internet Freedom: “The Federal Communications Commission (FCC) is poised to add the Internet to its portfolio of regulated industries.
Hawaii Reporter
The food industry plays regulatory roulette
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