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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
Why does everybody think BPA is safe but us?
Regarding the ubiquitous plastic ingredient bisphenol A (BPA), my colleague Angela Logomasini blogged that “The greens are rejoicing today because the Food and Drug…
Blog
Regulation of the Day 101: Brushing Teeth After Meals
[A]ny child who has a meal in day care or is in care for more than four hours will be required to brush their teeth,…
News Release
Report Card for the Obama Administration
One year ago today, Barack Obama took the oath of office as President of the United States. Since then, he and his appointees have had…
Blog
Steve Forbes: How Capitalism Will Save Us
Steve Forbes gave a very good talk today, on the topic of his new book (co-authored with Elizabeth Ames), How Capitalism Will Save Us:…
Blog
Regulation of the Day 100: Posting YouTube Videos
The Italian government is considering making it illegal for its citizens to post videos on the Internet without a license.
Newsletter
Net Neutrality, the War on Salt and Beach House Insurance
The Federal Communications Commission receives thousands of comments on its proposed “net neutrality” regulations. New York City public health officials launch a campaign to reduce…
Op-Eds
SarBox Might be Coming to an End
Prospects for substantial relief from or repeal of one of the most burdensome corporate regulations in recent memory have suddenly grown in Congress and…
Blog
“Swine Flu Epidemic ends with a Whimper,” my Philly Inquirer piece
Hidden within the latest edition of the Centers for Disease Control and Prevention’s FluView was this sentence: “The proportion of deaths attributed to pneumonia and…
Blog
CEI Weekly: Net Neutrality vs. “BandWealth”
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' public comment against the FCC's plans to regulate…
Blog
Obama Bank “Responsibility Fee” Is Destructive, Hypocritical and Likely Unconstitutional
The so-called Financial Crisis Responsibility Fee is a tax in search of a target. Today, the President declared, “We want our money back.” Yet his…
Blog
Health Insurance and Campaign Contributions
$40 million and change plus some antitrust troubles is a really small price to pay for a legal guarantee of vastly increased business, forever.
Blog
New York Salt-Slashing Op-Ed in NY Post
Here is my op-ed published in the New York Post on January 13th. As-salt on science On Monday, city officials rolled out an initiative…
Blog
A French Kiwi wine? New Zealand and Australia say “non”
Nice article in the Wall Street Journal today by Anne Jolis on a trademark brouhaha between France and Australia that highlights some…
Blog
Experts Question Enormous Cost and Constitutionality of Healthcare Legislation
The health care legislation backed by the president and congressional leaders will increase Americans’ health care costs by more than $200 billion,…
Newsletter
CIA Climate Data, Fannie and Freddie Absent and Health Insurance and Antitrust
The Central Intelligence Agency shares classified satellite data with climate researchers. Executives from Fannie Mae and Freddie Mac are conspicuously absent from the first hearing…
Citation
Sarbanes-Oxley: Albatross to Growth
Op-Eds
Financial Crisis Hearing Is Partisan Sham
Today marks the first-ever meeting of the Financial Crisis Inquiry Commission, which is charged with investigating the causes of the mortgage meltdown.
Op-Eds
Sarbanes-Oxley: Albatross to Growth
Many economists, policy makers, and members of Congress of both parties are questioning whether what is good for the Big Four accounting firms is…
Blog
Regulation of the Day 99: Salty New Yorkers
New York City is seeking to regulate how much salt is in peoples' food. Enforcement will prove difficult; most food that New Yorkers eat comes…
Blog
New Federal Program Kills Jobs, While Costing Taxpayers Half a Billion Dollars
A federal biofuels program enacted in the name of fighting global warming and reducing dependence on foreign oil is instead killing jobs while perhaps…
Blog
CEI Weekly: Change We Can Really Believe In
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features a compelling op-ed written by CEI's Fred Smith on what…
Blog
Nobel Prize Winning Economist Says Obama Policies Delaying Economic Recovery
In the Wall Street Journal, Nobel Prize-winning economist Gary Becker and others explain how President Obama’s policies are delaying and retarding the inevitable economic…
Blog
Regulation of the Day 98: Gastrointestinal Drugs
Did you know that the federal government has a Gastrointestinal Drugs Advisory Committee?…
Citation
Tax Preparers Must Meet License Requirement
Blog
Thinking outside the box on security
The Washington Post editorial, “In the wake of Flight 253, the TSA must get more anti-terrorist tools” makes a short-sighted argument for increasing resources for…
Blog
That Didn’t Take Long
Today is the fourth working day of the new year. The Federal Register has already exceeded 1,000 pages.
Blog
More Enron-like Behavior by Administration Officials Comes to Light
Earlier, the Washington Post reported on how the Obama administration pressured Freddie Mac not to disclose to investors and the SEC the $30…
Blog
Regulation of the Day 97: Full Body Scans and Child Protection Laws
Sometimes, when two regulations love each other much, they get together and have little baby regulations. This is happening right now in Britain.
Blog
Serial Rapists Roam Free in D.C. as the D.C. Government Shields Ex-Cons from Discrimination
The D.C. government sometimes has more empathy for criminals than for their victims. In December 2007, the D.C. Council voted to…
Blog
Richard Epstein: “Deregulation Now”
In his Forbes.com column, University of Chicago law professor Richard Epstein offers a simple proposal for reviving the economy: “Deregulation Now.” His proposals are…
Blog
Regulation of the Day 96: Health Warnings on Cell Phones
These warning labels have nothing to do with letting people know that their phones can make them look like jackasses.
Citation
Reforms Bode Ill for Tax-Free Health Accounts
Credit Union Times
Payment Card Networks Under Assault
Blog
Public Sector Unions’ Heavy Burden on Taxpayers
As the old saying goes, when you start getting flak, you must be over the target. That seems like a good reason for the hysterical…
Blog
Congress Mulls More Credit Card Restrictions, in Legislation Likely to Backfire on Consumers
Some in Congress want to impose interest rate ceilings on credit cards and restrictions on interchange fees. Australia tried the same thing, and it…
Blog
Regulation of the Day 95: Buying Wine in Ohio
It is illegal to buy more than 288 bottles of wine per year in Ohio.
Blog
Government Uses Takeover of Mortgage Giants to Deliberately Increase Their Massive Losses at Taxpayer Expense
The Wall Street Journal notes that the Obama administration has used the federal government’s bailout of mortgage giants Fannie Mae and…
Blog
Regulation of the Day 94: Plastic Shopping Bags
Washington, DC’s city government is now requiring stores to charge customers five cents for each plastic bag they use at checkout. There were 84 unsolved…
Blog
Obama’s Recent $75 Billion Mortgage Bailout Fails: Harmful to Economy, Housing, and Construction, Say Economists and Real Estate Experts
Economists and real estate experts are saying that a $75 billion mortgage bailout program designed by the Obama administration has backfired and harmed the housing market,…
Credit Union Times
Change We Can Really Believe In
Over the last century, America has lurched down a path toward statism. And Presidents Bush and Obama accelerated the expansion of government power by…
Blog
Stimulus Package Forces States to Raise Taxes, Harms Economy
The federal government’s $800 billion stimulus package, which failed to cut unemployment, is now forcing states and local governments to raise taxes. The Wall Street Journal…
Blog
Regulation of the Day 93: Predatory Lending
The CCARD Act is, completely unintentionally, a wealth transfer from poor people to richer people. Congress is actively hurting the very people it intended to…
Blog
CEI Weekly: Looking Back on 2009
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features a recap of the major events that happened in 2009…
Blog
Florida Attorney General Questions Constitutionality of Healthcare Bills in Congress
Florida Attorney General Bill McCollum is questioning whether it is constitutional to force people to buy health insurance, as the health…
Newsletter
Cell Phones and Cancer, Political Anniversaries and the Regulation of the Day
A new study finds no link between cell phone use and brain cancer. News outlets assemble their 2009 “year in review” features. The state of…
Blog
Regulation of the Day 92: Camping at the Beach
In Oregon, it is illegal to set up a tent at most beaches.
Blog
MI Senate not “FAIR” and it’s a good thing
The Michigan Senate recessed last week without passing the proposed insurance reforms that would, among other things, prevent insurers from using factors such as…
Blog
Is ObamaCare’s “Individual Mandate” Unconstitutional?
The health care bills backed by the President require that individuals buy health insurance if it is not provided by their employer. Is that unconstitutional?…
Blog
Say No to EFCA in 2010
Given the amount of palm-greasing that was required to get reluctant moderate Democratic senators to vote to end debate on Obamacare, it's unlikely that those…
Blog
Regulation of the Day 90: The National Poultry Improvement Plan
Having solved all the nation’s other problems, the federal government has a National Poultry Improvement Plan.
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