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
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Blog
Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
Search Posts
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…
Blog
Bastiat’s Broken Window Fallacy isn’t even an analogy when it comes to Obama
One can only stand back in awe. President Obama said this at Home Depot today: “The simple act of retro-fitting” — installing…
Blog
Regulation of the Day 84: The Size of Holes in Swiss Cheese
Talk about attention to detail. The federal government regulates the size of hole in Swiss cheese.
Blog
Obama Summit: President’s goals of more loans and more heavy-handed regulation in conflict
Statement of John Berlau, director, Center for Investors and Entrepreneurs, Competitive Enterprise Institute: President Obama’s twin goals of more bank loans and more heavy-handed regulation…
Newsletter
Climategate in Copenhagen, Antitrust for Health Care and Swine Flu Takes a Dive
The “Climategate” science scandal looms over global warming negotiations in Copenhagen, Denmark. Senators Patrick Leahy (D-VT) and Sheldon Whitehouse (D-RI) lobby to end the long-standing…
Blog
Regulation of the Day 83: Citations
The Code of Federal Regulations contains a regulation on how to cite the Code of Federal Regulations.
NCPA
Michigan’s Auto Insurers Make Only a Small Profit
Blog
Financial Fiasco
I recently finished reading Swedish economist Johan Norberg's book about the financial crisis, aptly titled Financial Fiasco. It's both short and informative. Six chapters and…
Blog
Regulation of the Day 82: Veterinarians
Did you know that the federal government is in the veterinary accreditation business? It’s true.
NCPA
Rebuttal: Michigan’s Auto Insurers Make Only a Small Profit
About the Nov. 30 article "Industry balks at bills aimed at auto insurance reform": Before we listen to politicians who claim greedy…
Blog
Tarp the TARP and give small biz relief from Sarbanes-Oxley and other burdensome regs
Statement of John Berlau, Director of CEI’s Center for Investors and Entrepreneurs, on extending TARP for small business and on Rep. Barney Frank’s plans to…
Blog
Antitrust as Corporate Welfare for Aggrieved Competitors
Wayne Crews and I have an article in today's American Spectator about the antitrust crusade against Intel. An FTC picking winners and losers is not…
Blog
Regulation of the Day 81: Porn
A proposed rule in California would reclassify adult film actors as being subject to certain employment regulations. The unintended consequences are potentially fatal.
Blog
Regulation of the Day 80: Falconry
The Code of Federal Regulations contains 12,834 words worth of rules concerning falconry, of all things.
Blog
Did Deregulation Cause the Great Recession?
Over at RealClearMarkets, I explain why the answer is a resounding no. Over 30,000 total new rules passed during the Bush years. Hardly any were…
NCPA
Did Deregulation Cause the Great Recession?
In a December 3 article in Politico ("J-O-Bs should come before GDP"), Rep. Phil Hare argues that "reckless deregulation" is one of the causes…
Public Radio
Did Deregulation Cause the Recession?
Blog
Regulation of the Day 79: Auctioneers in Alabama
It is illegal to conduct an auction without a license in Alabama. Violators can be punished with fines of up to $500. Applicants must pay…
Blog
False Claims by Government in Supreme Court Case: PCAOB Agency Is More Powerful and Independent Than Government Claims
The members of the Public Company Accounting Oversight Board (PCAOB), an agency being challenged in the Supreme Court on December…
Blog
Don’t Worry about Trade Deficits
I run an ongoing trade deficit with my local grocery store. I import food from them every week. They have never purchased a thing from…
Blog
CEI Weekly: Climate-Gate Continues
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the continued coverage of ClimateGate, the leaked email scandal, on…
Newsletter
Credit Card Fees, Immigration Reform and Heading off an EPA Power Grab
The U.S. looks to Australia’s experience with regulating credit cards fees. Former CNN anchor Lou Dobbs softens his longtime anti-immigration stance. Environmental groups petition the…
Blog
Regulation of the Day 78: Green Energy Subsidies
If green energy is commercially viable, then it doesn't need any subsidies. If it isn't, no amount of subsidy will make it so.
Southern Shift News
30 Million Small Businesses: The Army President Obama has yet to Deploy
Southern Shift News
Letter to the Editor: Retailers Want to Shift Their Costs onto Consumers
It’s a real pity that The Examiner’s Nov. 27 lead story – billed with the screaming front-page headline "Credit cards show no pity" –…
Blog
Regulation of the Day 77: Banning Toys in Happy Meals
Roberto Zabrido, a government official in Spain, is “adamant that the Happy Meal and its ilk pose a risk.” The solution? Legislation!…
NH Insider
Taxpayers Face $20 Million Cost to Enforce Bad Law
Mortgage Magazine
Banks, Credit Companies Get Brief Reprieve From Crushing Federal Regulation Of Internet Gambling
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