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
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Gypsy Cabs Coming soon to DC?
If you’ve ever been to Brooklyn, you’ve almost certainly seen firsthand the shortage of taxis that has been created by New York City’s licensing restrictions,…
Blog
Slate’s William Saletan vs. the Food Cops
Slate’s William Saletan has had it with the growing overreach of the food police, a reaction which he acknowledges puts him in unusual company.
Blog
Regulation of the Day 55: Home Environmental Inspections
If cap and trade passes, almost all homes for sale would be required to undergo an environmental inspection. The home cannot be sold until it…
Blog
ACORN’s Empire Will Expand Under Obama’s Health-Care Plan and Financial Rules
Congress recently voted to cut off federal housing funds to controversial group ACORN. But since most federal money goes to ACORN-related…
Blog
Obama Speech to the UN: The Data
Myron has already pointed out how most of what the President claimed were the threats from global warming are exaggerated. Here’s the data to…
Blog
Finding Something to Praise in Obama’s Speech Today
While this speech is mostly hogwash, I am surprised and delighted to be able to find one thing to praise in it: Later this…
Newsletter
Obama on Global Warming, Blocking Net Neutrality and Car-Free Day
President Obama delivers a speech before the United Nations, saying that the U.S. is “determined to act” on global warming. Republican senators announce legislation that…
Blog
Regulation of the Day 54: Shovelnose Sturgeon
Why does the Fish and Wildlife Service want to list it as a threatened species? Because it looks like the pallid sturgeon, which is currently…
Blog
Regulation of the Day 53: Y2K
In which the case for regulatory sunset provisions is inadvertently made.
Blog
An Independent Analysis
The Greens keep trying to change the subject when it comes to what the released Treasury documents about cap-and-trade actually show. They’ve got a bunch…
Blog
Public Option Is Not The Worst Aspect Of ObamaCare
"If liberal health-care reform is going to make people better off, why does it require "a very harsh, stiff penalty" to make everyone buy it?…
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Firing Blanks on FOIA Part II
In his update to his post, Declan McCullagh notes an objection by the Center for American Progress: The fourth objection is the most compelling.
Blog
Firing Blanks in Response to FOIA
A previously unreleased analysis prepared by the U.S. Department of Treasury says the total in new taxes would be between $100 billion to $200 billion…
Orange County Register
A Wider Regulatory Net
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NYT Love Letter to FDA
New York Times reporter Gardiner Harris has a front page article in today's paper on the head of the Food and Drug Administration's Office of…
Blog
Regulation of the Day 52: Bar Food
In Arlington County, Virginia, there exist twelve restaurants that are required to sell $350 of food per one gallon of liquor purchased from the Virginia…
Newsletter
The Costs of Cap and Trade, Deadly Auto Regulations and Rockefeller on Health Care
The U.S. Treasury Department admits that a “cap and trade” system for regulating greenhouse gas emissions could cost every household $1,761 a year. New fuel…
Blog
Solis Tells AFL-CIO: “I am proud and humbled to be your humble servant…”
The AFL-CIO, at its recent convention in Pittsburgh, had much to celebrate, including the fact that a Labor Secretary showed up to pay tribute to…
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Obama Financial Regulations Make Things Worse, Promote Risky Loans, Destroy Banking and Lending Options
President Obama is now pushing financial regulations that reinforce the worst features of the status quo. They…
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Beer for my Horses
The global-warming industry would probably still be solely owned by assoted cranks and romantics (and the odd vice president) if it weren’t for a…
Blog
Regulation of the Day 51: Mandatory Hand Sanitizing
In Jersey City, New Jersey, the school district is requiring students to “sanitize their hands when they walk into the class in the morning, before…
Newsletter
Obama on Wall Street, EPA Backlash and Health Care Roadblocks
President Obama gives a major speech in New York on the future of Wall Street. The Environmental Protection Agency’s attempt to censor data on global…
Blog
Obama scolds Wall Street, but targets Main Street with regs
One year after the Wall Street meltdown, President Obama…
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Regulation of the Day 50: Tires from China
The burden is on tariff supporters to explain why they think people who live in one country are more deserving of economic opportunity than people…
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Scientist Who Saved a Billion Lives Dies; Congress Blocks Reform of Law Based on Junk Science
Norman Borlaug, the scientist who saved a billion lives by fathering the Green Revolution, died Saturday at the age of 95. His work…
News Release
One Year After Wall Street Meltdown, Obama Targets Main Street
One Year After Wall Street Meltdown, Obama Targets Main Street Statement by John Berlau of CEI Center for Investors and Entrepreneurs Washington, D.C., September…
Blog
The Man Who Fed the World
Norman Borlaug was an American agricultural scientist and plant breeder whose work sparked what is now known as the Green Revolution. He was recognized with…
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Obama Administration Undermines Airline Security and Railroad Safety: 9/11 Lessons Ignored
In the aftermath of 9/11, Congress foolishly shifted airline security screening to the inept Transportation Security Administration (TSA), which has failed to detect explosive ingredients…
Newsletter
Intel’s Human Rights, Overdraft Fees and Insurance Deregulation
Intel argues that a recent $1.45 billion fine levied by European antitrust regulators amounts to a violation of the firm’s “human rights.” Banking industry critics…
Blog
CEI Weekly: Taxpayer March on Washington
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's workshop and forum on liberty that happens before the…
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Do Corporations Have Human Rights?
Intel’s defense in its EU antitrust case has taken the surprising line that the company’s human rights were violated. Over at Real Clear Markets, CEI…
Blog
Regulation of the Day 49: Political Speech
If Congress can’t pass laws abridging the freedom of speech or of the press, maybe they can pass laws abridging the freedom of speech and…
Newsletter
Obama’s Health Care Speech, Minority Underemployment and Investing in Global Warming
President Obama’s national health care address receives mixed reviews. DC Progress hosts a panel discussion on the problem of “underemployment” among locals in Washington, D.C.
CEI Planet
CEI Planet: July – August 2009
The July-August 2009 issue of the CEI Planet features coverage of CEI’s 25th Anniversary Gala, and articles on federal catastrophe insurance and TARP transparency.
News Release
Berlau in New York Times on Overdraft Fees from Debit Cards – with Misleading Headline
John Berlau, Director of the Center for Investors and Entrepreneurs at the Competitive Enterprise Institute, was a guest contributor this week to the New York…
Blog
Project Labor Agreements’ Dire Effects on Minority Contractors
Today, DC Progress, a public policy organization that focuses on the District of Columbia, hosted a panel on the issue of underemployment. DC Progress…
Blog
Regulation of the Day 48: Barbers in Nevada
Want to be a barber in Nevada? You’ll need to get a license first. One of the requirements is a chest X-ray, of all things.
Blog
Regulation of the Day 47: Irish Potatoes
It is bad policy to keep perfectly good food off the market because of its shape, especially during times of recession and high food prices.
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Meryl trash talks Julia on pesticides and fat
In the new movie “Julie & Julia,” Meryl Streep does well portraying the late Julia Child, but one can say Streep also benefits from her subject. …
Blog
Happy Labor Day!
In a new poll, Gallup finds public support for organized labor at its lowest level since it began taking the survey. Gallup finds organized…
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CEI Weekly: CEI’s 9/12 Intellectual Ammunition Workshop
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's workshop for the 9/12 March on D.C., and a…
Blog
Regulation of the Day 46: Chemical Weapons
If your company exports chemical weapons, make sure you keep good records. Every year, on company letterhead, you have to list ten things for the…
Blog
Regulation of the Day 45: Wooden Crates
Even the humble wooden crate cannot escape the government’ watchful regulatory eye.
Blog
Regulation of the Day 44: Soil Scientists
In Wisconsin, you need a license to work as a soil scientist.
Blog
No Savings from Preventive Care
A new study published in the journal Health Affairs calls into question claims by congressional Democrats and President Obama that mandatory coverage of preventive care…
Salon.com
Ted Kennedy… the Deregulator?
Blog
Economics 101: Where Do Monopolies Come From?
Bryan Caplan says there are only two ways for a monopoly to form: government protection, or being the best.
Newsletter
A Doctor Shortage, Cap and Trade in the Senate and TARP Transparency
The American Medical Association lobbies Congress to restrict the number of new doctors in the U.S. Senate sponsors of “cap and trade” global warming legislation…
Blog
Regulation of the Day 43: Telemarketing
It is a federal offense for telemarketers to charge their customers without permission. In English, this is called stealing. Which was already against the law…
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Hoover and the Great Depression
It’s certainly possible to blame Herbert Hoover’s policies for the Great Depression. Just not on the grounds that those policies were free-market.
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