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
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
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…
Search Posts
Blog
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…
Blog
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…
Blog
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.
Blog
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…
Blog
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…
Citation
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…
Blog
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.
Blog
Regulation of the Day 42: Hearing Aid Calibration
In Virginia, state law requires hearing aids to be calibrated at least annually. Records must be kept for three years.
Salon.com
Kennedy’s Lasting Gift to America: Airline Deregulation
Tributes are pouring in for Edward M. “Ted” Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
Salon.com
Slothful Bureaucracy Fails to Protect the Public
Gene Healy was right to criticize the bloated bureaucracy that is the Department of Homeland Security. Its worst feature is the Transportation Security Administration…
Blog
CEI Weekly: EPA Ponders Axing Whistleblower’s Department
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week’s focus is on reports from InsideEPA.com that the EPA might axe…
Newsletter
Wireless Probe, Nanotechnology Funding and Ted Kennedy, RIP
The Federal Communications Commission launches a three-part investigation into competition in the wireless industry. The National Science Foundation dispenses new grants for nanotechnology research in…
Blog
Regulation of the Day 41: The Color of Beer Cans
Having already solved all of the country's economics woes, the FTC now has time to threaten to step in and stop Budweiser from selling cans…
Blog
Nanotech: Innovation or Stagnation?
In the long run, a competitive, cut-throat market process driven by innovation is better for consumers than if government were to fund and direct research.
Blog
Ted Kennedy’s Deregulatory Legacy on Airlines and Trucking
Tributes are pouring in for Edward M. "Ted" Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
Blog
Regulation of the Day 40: Flying a Plane
Want to fly a plane? The FAA just published 72 pages worth of changes to its already extensive certification rules. 173 changes in all.
Blog
Germanic Hoards
The old central powers (Germany, Austria, Hungary) seem to have come together again in opposition to plans to phase out incandescent light bulbs in…
Blog
CEI’s RRM Suggests Additional Questions for Florida Insurance Commissioner
Yesterday in a press release from CEI's Center for Risk, Regulation, and Markets, the Center raised many questions that should be brought to Florida Insurance…
Newsletter
Healthcare Complexity, Union Politics and Insurance Markets
Critics question the unwieldy complexity of current healthcare legislation. A compromise version of the so-called “Employee Free Choice Act” gains momentum in Congress. Florida Rep.
Blog
Regulation of the Day 39: Postmodern Microwave Ovens
Appliances have to have little badges on them that say they comply with rule that requires the little badges. Perhaps the rule came from the…
Blog
Elaine Chao: Union transparency “more important than Beck;” EFCA “terrible”
Today, at the Heritage Foundation blogger briefing, former Labor Secretary Elaine Chao described the union transparency requirements introduced during the Bush administration as “more important…
Blog
Regulation of the Day 38: Carrying Letters
If anything qualifies as an anti-competitive practice, fining and jailing people for competing with you would certainly top the list. Which brings us to a…
Blog
DOJ to Investigate Microsoft-Yahoo Search Partnership
As expected, The Department of Justice is launching an antitrust investigation into the Microsoft-Yahoo search engine partnership. As I've said before, this is not an…
Blog
Why I Want a Public Option in the Health Care Bill
A bill with a public option will probably not pass. Too much opposition. But one without it probably will.
Blog
New Credit Card Regulations Wipe Out Cash Back and Rewards Programs, Punish Responsible People
If your credit is good, or your credit card balance is low, you may soon pay more on every credit card bill. Why? Congress passed…
Blog
Regulation of the Day 37: Lemonade Stands
It is illegal for children to sell lemonade in New York City without a permit.
Salon.com
Don’t Ban but Expand Them
In proposing his new financial regulations this summer, President Obama pledged to get tough on the big Wall Street banks whose risky practices are…
Blog
Cash for Clunkers Sputters to an End
The Transportation Department announced today that it will wind down the Cash for Clunkers program, which the Obama administration promoted as a way to both…
Blog
FDA Regulation of Internet Drug Advertising
Today, CEI filed comments on a draft FDA guidance document advising prescription drug manufacturers on how to comply with regulations requiring the presentation of risk…
Blog
Bank Robbers for Transparency!
The news that the Federal Government has forced UBS to give up the details of 4000 of its customers’ transactions has other financial institutions…
Blog
Regulation of the Day 36: Buying American
The $787,000,000,000 stimulus contains a provision requiring the Department of Homeland Security to buy american textiles. Basically, that means TSA uniforms will go up in…
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