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
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.
Blog
CEI Weekly: CEI Offers More for Gore Debate
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's video invitation to Al Gore to debate the topic…
Blog
Climategate Op-Ed in Detroit News
Here is my op-ed published in the Detroit News on December 23. Climategate: What e-mail really means Daniel Compton By now, most people…
Blog
Regulation of the Day 89: Purple Dye
Modern innovations such as synthetic dyes, the Minnesota Vikings, and purple M&Ms have taken away purple’s exotic reputation. But no worry. Federal regulators are doing…
Blog
Regulation of the Day 88: College Football’s Playoff System
On the other hand, legislators do less harm when they spend their time on college football rather than, say, health care.
Blog
An unhappy ending for CA’s adult film industry?
One reason people enjoy pornography (apart from the obvious benefit) is that it allows them to fantasize about activities in which they cannot or do…
Blog
Climategate and consensus nonsense
Cato’s Pat Michaels, one of the scientists attacked in the Climategate emails, has an excellent editorial in the Wall Street Journal today with examples…
Blog
CEI Weekly: CEI at Copenhagen
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features reports from two CEI analysts, Myron Ebell and William Yeatman,…
Blog
Regulation of the Day 87: The Volume of TV Commercials
The House passed the Commercial Loudness Act on Wednesday. If it becomes law, the FCC would control the volume level of television commercials.
Blog
FDIC Prepares for “an even-larger number of bank failures” in 2010
[T]he increase is intended to “ensure that [they] are prepared to handle an even-larger number of bank failures” in 2010.
Blog
Comprehensive Immigration Reform Helps Highly Skilled Immigrants
Section 320 of the The Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 H.R. 4321 (CIR ASAP) is fantastic. It exempts…
Blog
Regulation of the Day 86: Cockfighting Advertisements
If you’re thinking of sending out advertisements for a cockfight through the mail, you should be aware that a new regulation allows the postal service…
Newsletter
Immigration, Smoking Bans and Sarbanes-Oxley
Rep. Luis Gutierrez (D-IL) introduces comprehensive immigration reform legislation. The Colorado Supreme Court upholds a ban on smoking in stage performances. The battle over the…
Blog
Regulation of the Day 85: Peddlers
It is illegal to be a peddler in Wisconsin without a license. One of the requirements is five years of residency in Wisconsin. Because clearly,…
Blog
CEI Weekly: Sarbox in Court, EPA Ruling on Gases, and Copenhagen
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features coverage on Sarbanes-Oxley's first day in the Supreme Court. This…
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