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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Ten Thousand Commandments 2025 is out now
The 2025 edition of CEI’s flagship report, Ten Thousand Commandments, is out today. For more than 30 years, my colleague Wayne Crews has been…

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Free the Economy podcast: Reforming Washington’s 10,000 Commandments with Wayne Crews
In this week’s episode we cover the political roots of totalitarianism, why we should put Fannie Mae and Freddie Mac out to…

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Ten Thousand Commandments 2025
Introduction Record federal debt is contributing to record-setting regulatory burdens. While new spending programs show up in budget figures, new regulations requiring the private sector…
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Why You Should CARE About the Ban on Four Loko
Late yesterday evening, the maker of Four Loko announced it was removing caffeine from the popular alcohol beverage. This came following media-driven hysteria, state…
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Four Loko Crackdown: FDA Set to Ban Caffeinated-Alcohol Drinks
It looks as though the FDA is now set to ban the small but growing market for so-called alcohol-energy drinks, such as Four Loko and…
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Morning Media Summary
Tech: Internet Explorer 9 Caught Cheating in SunSpider Benchmark?: “A Mozilla engineer has uncovered something embarrassing for Microsoft – Internet Explorer is cheating…
News Release
Small Businesses Not Growing? That’s Because Regulations Are
The U.S. Senate Committee on Small Business and Entrepreneurship will hold a hearing Thursday, November 18, on “Assessing the Regulatory and Administrative Burdens on…
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Online Casino Gambling Moves Forward in New Jersey
As I reported last week, though federal attempts to legalize online gambling have seen little progress in the last year, states’ efforts have shown…
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Morning Media Summary
Tech: 2 Dems claim Arianna Huffington stole website idea: “Two Democratic consultants are accusing Arianna Huffington and her business partner…
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CEI Podcast — November 15, 2010: Free Speech and Video Games
Associate Director of Technology Studies Ryan Radia gives his take on a Supreme Court case concerning California’s ban of violent video game sales to minors.
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The TSA Can’t Help Being Annoying
With the holiday travel season approaching fast, public anger at the federal Transportation Security Administration’s (TSA) increasingly invasive airport passenger screening procedures — full…
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Sam Kazman on Cigarette Warning Labels
[youtube:http://www.youtube.com/watch?v=IaNCeIN0Ka8 285 234]…
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12 Ridiculous Regulations
In Texas, computer repair technicians are required to get a private investigator's license, plus more.
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Fiscal Commission Should Support Increased Energy Production, Not Increased Energy Taxes
Among the many suggestions in the Fiscal Commission’s draft report is a 15 cents-per-gallon increase in the federal gasoline tax. No doubt, this…
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Be Thankful for BPA-Lined Canned Goods this Thanksgiving
Well-meaning environmentalist Mindy Pennybacker, author of Do One Green Thing: Saving the Earth Through Simple, Everyday Choices, offers some sagely foolish advice…
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Morning Media Summary
Tech: University Begins Reporting All P2P Users to the Police: “Georgia’s Valdosta State University has updated its network with software that can…
National Center for Policy Analysis
Instant Reform: Measure the Hidden Tax of Regulation
The National Center for Policy Analysis discusses Wayne Crews's research on what Congress should do about the growing size of the regulatory state.
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Maryland Considers Privatizing Liquor Sales
The only place residents of Montgomery County, Maryland, can purchase liquor is in county-owned stores, which until recently were only open six days a week.
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November 24: National Opt Out Day
OptOutDay.com the website and group is urging air-travelers on November 24 (one of the busiest travel days of the year) to refuse to submit…
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Morning Media Summary
Tech: Cubans upset at video game that aims to kill Fidel Castro: “Cuba’s state-run media and bloggers are not amused at “Call of…
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CEI Podcast – November 11, 2010: Taxing New IRS Regulations
Fellow in Regulatory Studies Ryan Young explains how an IRS proposal for mandatory certification of tax preparers would hurt consumers and taxpayers.
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Obama’s Labor Department Again Pushes Forced Unionism
You are at work one day and a couple of police vehicles pull up. They go into the administrative office area and the next thing…
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Honeycomb House: A Fresh Foreclosure Horror
Problems with empty, foreclosed, or otherwise house-poor homes no longer stop at suburban sprawl; now mosquito and wildcat infestations threaten to lower real estate values…
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Morning Media Summary
Tech: Brumby promises every doctor in public hospitals an iPad: “Victorian Premier, John Brumby, yesterday promised every doctor in the…
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Towards a Goal of Smaller Government
After Republicans swept the House in last Tuesday’s elections, President Obama took “full responsibility” for Democrats’ losses, saying: I’ve got to do a better…
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Regulation of the Day 158: Preparing Taxes
The IRS wants to require all tax preparers to register with them, pass an exam, and take continuing education classes.
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Morning Media Summary
Tech: Dear Starbucks: The skinny on how you can be a security hero: “The recent hubbub around Firesheep has provided me with a…
Texas Insider
An End to Out-of-State Beer?
NCPA
An End to Out-of-State Beer?
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Legalized Internet Gambling in New Jersey?
What does it take to get governments to deregulate? You might think the answer is “a miracle” or maybe “drugs in the water,” both of…
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Video Games are More than Just Good for Kids
They will be a primary way that we learn, teach, produce and advance in the future. Jane McGonigal of Institute for the Future has…
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Morning Media Summary
Tech: LimeWire Resurrected By Secret Dev Team: “Last month, the Gnutella-based file-sharing client LimeWire was effectively outlawed after a U.S. federal judge granted…
Investors' Business Daily
Tax Preparers Shouldn’t Get IRS Favors
Taxes are big business. And not just for the federal government, which collects over $1 trillion per year in income tax revenue alone. Because the…
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USDA Puts Fox in Charge of Guarding the Hen House
A proposed new rule from the USDA's Grain Inspection, Packers & Stockyards Administration is one more example of obscure regulatory agencies run amok. What makes…
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Massive Property Tax Increases Coming for Homeowners in Northern Virginia
Homeowners in Northern Virginia may face massive, record-setting property tax increases of 20 percent or more in the upcoming year. One reason is the EPA’s…
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Regulation of the Day 157: Unlicensed Barbering
In Orange County, Florida, barbering without a license is illegal. The regulation is being enforced with armed raids.
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Morning Media Summary
Tech: Lamebook Sues Facebook Over Trademark Infringement. Wait, What?: “Here’s a head scratcher, at first glance at least: Lamebook , a hilarious advertising-supported…
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An End to Out-of-State Beer?
Would you be steamed if you couldn’t buy Anchor Steam (of San Francisco, CA), or go into a flying rage without Flying Dog (of Maryland)?…
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Liquor Privatization Still has Hope in Washington
As my colleague Angela Logomasini wrote in a post earlier today, voters in Washington State vetoed two measures that would have privatized liquor sales in…
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Smart Growth Decreases Housing Affordability
Wendell Cox had an interesting article this week on his new findings on land-use regulation and housing prices. Long a critic of smart-growth…
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Morning Media Summary
Tech: People have “right to be forgotten” online, says EU: “The European Commission wants to strengthen data protection rules to give more power…
Las Vegas Review Journal
Reining in the regulatory state
The Las Vegas Review-Journal discusses Wayne Crews's research on the size of the federal regulatory state. Congress passed and the president signed into law…
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Regulation of the Day 156: Happy Meals
With an 8-3 vote, San Francisco's Board of Supervisors banned the greatest menace facing it or any other city: happy meals.
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Will the NLRB Push Big Labor’s Agenda?
Organized labor expended enormous amounts of resources and effort to give Democrats control of Congress in 2006 and the White House in 2008. For this…
Study
The 2010 Union Pension Bailout Bills
Get ready to give some of your hard-earned cash – again – to the cronies of Congress who are pushing for yet another bailout. Two…
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Feminist Porn Director Supports Freedom of Individual Choice
Porn actress, director, and self-described “kinky feminist,” Madison Young, spoke out in an interview with Salon.com about her feelings in the condom debate that…
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Election 2010: Union Losses, Worker Gains
Yesterday’s election results will make it much more difficult for organized labor to advance its agenda in Congress. This is good news for the American…
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Private Liquor in Virginia Off the Menu… For Now
Virginia’s Governor Bob McDonnell announced last Friday he would not be holding a special session in order to act upon his Virginia liquor store…
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Morning Media Summary
Tech: Amazon’s 3G Kindle leaps ‘Great Firewall of China’: “Amazon’s Kindle 3G e-reader is being snapped up on China’s grey market as it…
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Halloween Roundup
Silly string forbidden in Hollywood on Halloween, man arrested for wearing a mask, plus more.
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Regulation of the Day 155: Miniskirts
Police officers would be tasked with paying close attention to women’s hemlines; no doubt many already do. Women who catch an officer’s eye could be…
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Morning Media Summary
Tech: Captcha adverts capture your attention: “IT IS an online advertiser’s dream. Some ads on the websites you visit could soon be impossible…
Journal of American Physicians and Surgeons
Drug Approvals and Deadly Delays
Full Document Available in PDF Truth can be stranger…
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