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: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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…
Search Posts
Blog
“Health Care Freedom” Bills Pass Virginia Senate
The Virginia State Senate passed “health care freedom” bills giving citizens the right not to be forced to buy health insurance. This sets…
Blog
Regulation of the Day 110: Watching the Super Bowl
Hosting a Super Bowl party this Sunday? You might be interested to know that it is technically illegal to watch the Super Bowl on a…
Blog
“Killer Cans And Toxic Baby Bottles,” my piece in Investor’s Business Daily
Should we worry about a common chemical almost all of us carry in our bodies that activists claim causes a list of diseases longer…
Blog
Regulation of the Day 109: Unplanned Castles
In 2002, Robert Fidler built his family a house that resembles a castle. It is his dream home. Authorities want to require him to demolish…
Blog
Regulation of the Day 108: Murals in Front of Houses
A Los Angeles couple recently paid an artist to paint a mural on the wall in front of their house. The city is threatening the…
Blog
Government Unions up, Private Sector Unions down but not out
The Wall Street Journal explains the significance of the crucial shift in union membership that reached a tipping point last week: More union members…
Blog
Virginia Legislators Kill Bills to Mandate Child Support for Adult College Students
Virginia legislators recently killed bills to extend child support to adult college students. The bills would have required a non-custodial parent to make payments to…
Op-Eds
Obama can Aid Small Businesses by Providing Regulatory Reform
In news accounts about fights over new regulation, the story is almost always the same. The media portray the drama as that of well-intentioned…
Blog
The Nation Confirms Craig Becker’s Radicalism
Former Service Employees International Union (SEIU) associate general counsel Craig Becker, who has been nominated to the National Labor Relations Board (NLRB) by President Obama,…
Blog
The High Cost of Project Labor Agreements
At Biggovernment.com, Mandy/Liberty Chick provides a comprehensive overview of project labor agreements (PLAs), which impose onerous conditions on contractors who wish to bid on government…
Newsletter
The Lessons of the Meltdown, Attacking the Tea Parties and Texting Safety
Former Wall Street Journal editor George Melloan takes on the recent economic meltdown in a new book. A new online campaign aims to fight the…
Blog
An alternative to laws against texting while driving?
You can put on makeup while driving, fiddle with your GPS and iPod or reach back to pinch your annoying kid in the back seat,…
Blog
Regulation of the Day 107: Blowing Your Nose While Driving
It's a good idea to be in control of your car when you're driving. This good idea is also law in most places. But sometimes…
Blog
Maryland Legislators Seek to Jack Up Child Support Levels, Based on Bogus Inflation Rationale
A bill, SB 252, was just introduced in Maryland to increase child support obligations for households at most income levels–a massive…
Blog
State of the Union Live-Blog
Welcome to CEI's live-blog of the 2010 State of the Union address.
Blog
Regulation of the Day 106: Clotheslines
Some homeowners' associations ban clotheslines. For people who would like to use clotheslines and aren't allowed to, this presents a problem. Now regulators want to…
Op-Eds
Michigan’s Auto Insurance Rates Aren’t Highway Robbery
In most games, fair play is understood as playing by the rules and reaping rewards or penalties within the game’s parameters. Yet for many…
Blog
“The Hole in the EPA’s Ozone Claims,” my piece in Forbes Online
To the EPA, “safe” is a constantly moving target—and that’s the way it likes it. Always something new to regulate, always a new hobgoblin from…
Blog
SOTU: Irish Entrepreneurs Put Politics to Productive Use
The Washington Examiner’s David Freddoso reports that Paddy Power, Ireland’s largest bookmaker, is taking bets on President Obama’s State of the Union speech…
Blog
Regulation of the Day 105: Not Driving Your Car
John Delacey of St. John’s, Newfoundland, Canada, received a court summons for keeping a car in his driveway and not driving it.
Blog
Better than Nothing or another Feint?
Seeking to recast himself as a fiscal conservative, Obama is projected to propose a freeze on discretionary spending – NPR, NEA, “green” jobs, “disaster” relief,…
Blog
Regulation of the Day 104: Haggis
Haggis is the national dish of Scotland. It has also been banned in the United States since 1989. Fortunately, the ban may soon be reversed.
Citation
Bank Tax “Strictly Political”, but Popular
Op-Eds
Obama’s Bank-Busting Regulation Full of Bugs
President Obama’s proposal on Thursday to bring back 1930s-era separation of commercial and investment banking would do little to prevent the problem of financial…
Citation
Obama’s Glass-Steagal 2.0 Could Crash Financial System
Blog
Regulation of the Day 103: When Products Are on Sale
Two states have regulations for when stores can say their products are on sale.
Blog
Grading Obama’s First Year
CEI released a comprehensive report card this week on the Obama administration's first year in office. My contribution is below; read the full report card…
Newsletter
Myths of the Recession, Challenging the EPA and a Victory for Free Speech
Wall Street Journal editor George Melloan challenges popular misconceptions about the recent mortgage crisis and recession in a new book. Four members of Congress challenge…
Blog
A Good Day for Freedom of Speech
Advocating speech restrictions is a fancy way of saying, "my arguments are too weak to withstand criticism." Get better arguments, then!…
Blog
“Big, bad banks” — a “faux-populist” response
Uh-oh. It was speculation yesterday, but reality today – President Obama and the Democrats have the banking industry in their sights with their trigger…
Blog
Obama’s Glass-Steagall 2.0 could crash financial system
President Obama’s proposal today to bring back…
Blog
Regulation of the Day 102: The Size of Banks
The White House is expected to propose today a maximum allowable size for banks.
Op-Eds
Obama Plan to Split Banks Could Crash Economy
President Obama’s proposal today to bring back 1930s-like separation of commercial and investment banks, dubbed Glass-Steagall II or Glass-Steagall 2.0, would do…
Op-Eds
Crisis Management
One of the more confusing aspects of the great economic meltdown of 2008-09—even more confusing than collateralized debt obligations—has been the tortured…
Blog
Populism, jobs and the economy — where do we go from here?
Scott Brown’s decisive victory in the Massachusetts Senate race has upturned the Democrats’ Progressive agenda. Brown, “the people’s seat” senator, had a resonant message…
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…
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