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
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
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)…
Search Posts
Blog
Earth Day Agriculture and Sustainable Intensification
What’s the most sustainable way to grow the food we eat? The answer environmentalists give is always "local and organic." But, increasingly, the answer from…
Blog
Even Cranky Liberals Are Coming to Understand the Air Travel Sector!
Brett Snyder, editor of the web site, crankyflier.com, wrote a revealing column this weekend, “Don’t let bag fees make you nostalgic. Airlines’…
Op-Eds
Examiner Right to Oppose Unending Bank Bailouts (Letter to the Editor)
The Examiner was right to oppose the Trojan horse financial “reform” bill that would enrich Goldman Sachs, the Wall Street firm that makes big…
Op-Eds
Wall Street Bill Targets Nevada Incorporations
Over the past year, Senate Majority Leader Harry Reid has made pointed efforts to show Nevadans his advocacy on their behalf. In defending new…
Blog
The Private Provision of Surface Transportation Infrastructure in the United States
Private sector involvement in surface transportation infrastructure is not new. Public and private turnpikes—roads that require the payment of a toll for passage—have existed for…
Citation
Financial Reform
Citation
Mark-to-Market Accounting Rules
Blog
For Profit, Not-for-Profit and Government – The Metric Problem
Americans tend to forget the value of institutional specialization. A private for-profit firm has a straightforward metric – maximizing shareholder profit-a complex goal, requiring managers…
Blog
Trojan Horse Financial “Reform” Bill Enriches Goldman Sachs, Rips Off Taxpayers
The Obama administration and Congressional leaders are pushing a trojan-horse financial “reform” bill that would enrich the wealthy and powerful investment bank Goldman Sachs, which…
Blog
Big Labor Pension Strategy: United States of Argentina?
Service Employees International Union (SEIU) President Andrew Stern made a big splash last week, when he announced his retirement from leading what is arguably America’s…
Op-Eds
The Obama-Dodd-Frank-Everthing’s-A-Bank-Bill
Liberal pundit Michael Kinsley once defined a political gaffe as an instance of a politician accidentally telling the truth. House Financial Services Committee Chairman…
Blog
Taxpayers Take Another Hit from Obama; Administration Panders Yet Again to Big Labor
Taxpayers will pay billions more due to an executive order signed by President Obama that effectively restricts federal construction contracts to the minority of construction…
Blog
Justice Stevens Retires; Left-Wing Law Professor Nominated to Federal Appeals Court
Justice John Paul Stevens, the leader of the Supreme Court’s liberal bloc, is retiring. His most famous ruling is probably the 5-to-4 Kelo decision, which…
Newsletter
Tax Day, Open Skies and Toyota’s Legal Tactics
Tax Day inspires out an array of protests and demonstrations. The U.S. and EU signed an “Open Skies” agreement last month, which purportedly allows airlines…
Blog
Ideas for Regulatory Reform
Tax Freedom Day was April 9. But when you factor in the cost of regulation, it turns out we work nearly half the year just…
Newsletter
The Cost of Government, Carbon Taxes and Sugar Subsidies
Today is Tax Day, the day when Americans think most about how much the government is costing them. James Hansen writes in The Huffington Post,…
Blog
Ten Thousand Commandments
Federal regulations cost as much as the income tax plus another quarter-trillion -- $1.24 trillion in all. Read all about it in the freshly-released 2010…
News Release
Report Reveals Crushing, Hidden Tax of ‘10,000 Commandments’ of Federal Regulation
Washington, D.C. April 15, 2010 – Federal regulations cost a whopping $1.187 trillion last year in compliance burdens on Americans. That’s the finding of…
Blog
Green Thumbs and GMOs
A friend just recommended this op-ed published in the Boston Globe on Sunday. The title and subtitle say it all: "Green Thumbs: Genetically engineered crops…
Blog
Do we really want to be like Europe?
With the passage of ObamaCare, we’ve taken another giant step towards Europeanizing America. Tragically, our history shows a steady trend in that direction, with government…
Newsletter
Liquor Licensing, Off-label Drugs and Fannie & Freddie
A new proposal in New York to set up a “medallion” system of liquor-licensing will serve as a compromise between wine retailers and grocery store…
Blog
Toyota’s “questionable, evasive, and deceptive legal tactics”
“Toyota has routinely engaged in questionable, evasive and deceptive legal tactics when sued, frequently claiming it does not have information it is required to turn…
Newsletter
Pub Restrictions, Tax Freedom Day and Turmoil in Kyrgyzstan
UK regulators are punishing pub owners for promoting happy hour specials and drinking games. April 9th is Tax Freedom Day, statistically the day Americans have…
Blog
Friday Regulation Roundup
It is illegal in Kentucky for anyone under 18 to play pool without photo ID and written parental consent.
Blog
Tax Freedom Day
Today, April 9, is Tax Freedom Day. According to the Tax Foundation, that's how long you have to work just to pay off your taxes.
Op-Eds
Fannie, Freddie Finally the Focus of Crisis Commission
The congressionally chartered Financial Crisis Inquiry Commission, after several months, finally is visiting the role of the government-sponsored enterprises Fannie Mae and Freddie Mac…
Blog
Regulation of the Day 133: Feeding Ducks
A new ordinance in San Luis Obispo, California makes it illegal to feed ducks.
Blog
Regulation of the Day 132: Fire Sprinklers
Cries for tax simplification grow every year. How does Congress respond? By introducing legislation to "amend the Internal Revenue Code of 1986 to classify automatic…
Blog
CEI Weekly: Chris Horner Writes New Book: “Power Grab”
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the debut of Chris Horner's new book "Power Grab," as…
Blog
Intern Sweatshops?
Jeffrey Miron comments on state officials’ claim that increasing the use of unpaid (or barely paid) interns might run afoul of minimum wage laws.
Blog
Virginia Shows the Way in Taking on the Pensions Crisis
As the federal government continues to expand at an ever-growing pace, the Old Dominion is doing things differently. As The Richmond Times-Dispatch explains,…
Blog
Cesar Chavez Day – Interesting Timing
March 31 was Cesar Chavez Day. Cesar Chavez Day has been celebrated in California for some time. But this year, for the first time, it…
Blog
The Numbers on Public Sector Unions and State Debt
In today’s Washington Examiner, David Freddoso outlines the close correlation between state government debt and public sector unions. As he notes, “the states with…
Blog
D.C. area poll shows, once again, OTHER Americans are crummy drivers
Why are people killed in Toyotas? Because a huge number of Americans are killed by motor vehicles of all types and Toyota has been the…
Blog
Friday Regulation Roundup
Some of the stranger governmental goings-on I dug up over the week.
Blog
CEI Weekly: CEI Joins Push for Privacy Reforms
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's involvement in the Digital Due Process coalition to preserve…
Blog
Car buyers rejecting “Toyota Terror” accusations
“Terror on the Roads: Runaway Toyotas,” was the title of an entry on a prominent Brazilian blog March 31. But today Toyota Motor Sales…
Blog
Menthol cigarettes aren’t cool to the FDA
In what could be one of its most paternalistic moves, the Food and Drug Administration is considering banning menthol in cigarettes – not because…
Blog
The Case Against Subsidized High-Speed Rail
President Obama’s stimulus package set aside $8 billion in subsidies for high-speed rail projects in the United States (known as the High-Speed Intercity Passenger Rail…
Blog
Bailout Watch: Union and Public Employee Pensions
As the strain on state and local government budgets around the country worsens, public employee unions have gone on the defensive, painting themselves as scapegoats…
Blog
Regulation of the Day 131: Airport Vendors
Laws are supposed to be made by legislative branch, not the executive. What we have here is one more case of regulation without representation, out…
Blog
Regulatory Problem, Regulatory Solution?
A dying patient in the UK's NHS made the news after nurses refused to bring him a glass of water, despite his repeated begging. Had…
Blog
Washingtonian mag: Stern is “union boss number one”
The current issue of Washingtonian magazine features a long, fairly in-depth interview with Service Employees International Union (SEIU) President Andrew Stern, whom author Chris…
Blog
“We’re twisting arms. We’re threatening people.”
So said United Teachers of Los Angeles President A.J. Duffy at a rally, which reason.tv now makes available in a new video on public…
Blog
“How a pit bull is like a Prius,” my Philly Inquirer article today
What could pit bulls possibly have in common with Toyotas? Pit bulls, after all, tend to be smaller and furrier. And whatever you do, never…
Blog
$800 Billion Stimulus Package Doled Out Based on Politics; Districts with High Unemployment Were Shafted
“How is stimulus money allocated? Unemployment isn’t a factor, but politics is,” found George Mason University researcher Veronique de Rugy in…
Blog
How to Fix Immigration’s Black Market
Alex Nowrasteh and I have a piece in today's Detroit News arguing that liberalization, not regulation, is the way to shrink immigration's massive black market.
Blog
Barack Obama and Liberal “Good” vs. Freedom
There's a great op-ed by Shelby Steele in today's Wall Street Journal, called "Barack the Good". In it, Steele argues that "today's liberalism is focused…
Blog
“Are some reporters lying in their Toyota coverage?” my Canadian Free Press article
I’ve shown clearly that reporters are acting with reckless disregard for the truth in the Toyota sudden acceleration feeding frenzy since my Los Angeles…
Blog
Public Employees’ Compensation Races past Private Sector Workers’
As union membership in government has outpaced that in the private sector, so has compensation. As the Washington Examiner reports: Compensation for…
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