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
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Blog
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
Search Posts
Blog
Alcohol Regulation Roundup: December 28
Much a like a family that you don’t get to choose, let’s make a quick holiday visit to the states around the nation and their…
Blog
Alfred E. Kahn, 1917-2010
The man behind airline deregulation passed away yesterday at age 93. Let us learn from his example of a life well lived.
Blog
Morning Media Summary
Tech: Top Chinese blogger shuts down country’s first pvt magazine: “China’s first private magazine, which was launched by famous blogger Han Han in…
Citation
Warner’s actions sometimes belie his words
Blog
Morning Media Summary
Tech: Top 10 Tech Disasters That Haven’t Happened… Yet: “Congratulations: You’ve survived another year, and 2010 was quite an eventful one. For…
Blog
Time for Big Cuts in Education Spending?
America spends far more on education than countries like Germany, Japan, Australia, Ireland, and Italy, both as a percentage of its economy, and in absolute…
Op-Eds
For the TSA, all risks are created equal
John Pistole, the head of the Transportation Security Administration, recently told The Atlantic in an interview that “we’ll never eliminate risk” of terrorist attacks on…
Citation
Debit Card Restrictions Bad News for Consumers
Blog
Morning Media Summary
Tech: Skype Outage hits users worldwide: “Millions of Skype Internet phone users worldwide couldn’t make calls — or were dropped in mid-conversation —…
Blog
FCC Net Neutrality: Some Networks are More Neutral than Others
Today’s decision [by FCC bureaucrats] will help preserve the free and open nature of the Internet [as defined by the government] while encouraging innovation [as…
Blog
The Obama Administration’s Misguided War on For-Profit Colleges
In Forbes, economist Richard Vedder of Ohio University documents the blunders behind the Obama administration’s war on for-profit colleges that wiped out $8 billion…
Blog
Will Net Neutrality Save the Internet?
Reason.TV created an excellent video explaining Net Neutrality and arguing against it. I’ve heard too many people irrationally claim that big corporations are going to…
Blog
Morning Media Summary
Tech: E-Mail Gets an Instant Makeover: “Signs you’re an old fogey: You still watch movies on a VCR, listen to vinyl records and…
Study
Resist Over-Caution on Nanotechnology and other Frontier Sciences
Full Document Available in PDF Nanotechnology is the cutting-edge science and…
Study
Improve Food Safety and Quality though Greater Information, Consumer Choice, and Legal Accountability
Full Document Available in PDF Few…
Study
Recognize the Deadly Effects of Over-Regulating Medicines and Medical Devices
Full Document Available in PDF Over the past…
Study
Reject the Precautionary Principle, a Threat to Technological Progress
Full Document Available in PDF Increasingly, governments and environmental activists…
Blog
Obamacare Makes State Budget Problems Worse
Obamacare is making state budget problems much worse, as governors now lament. Earlier, CEI filed an amicus brief in Florida v. HHS on…
Study
Recognize the Elitist Nature of “Anti- Sprawl” Measures
Full Document Available in PDF For the greater part of the last…
Blog
CEI Podcast — December 21, 2010: What’s Next for Immigration Reform?
CEI Policy Analyst Alex Nowrasteh goes over the good and the bad of the DREAM Act, which recently stalled in the Senate, and offers his…
Blog
Morning Media Summary
Tech: FCC to Vote on Internet Regulation Plan Despite Economic Warnings: “Lawmakers are on high alert as the Federal Communications Commission prepares…
Study
Clarify the Role of Intellectual Property in the Economy
Full Document Available in PDF Copyright and patent laws protect…
Study
Encourage Competition between Different Types of Depository Institutions
Full Document Available in PDF Three major types of depository institutions—banks,…
Study
Forge a Bipartisan Approach to End Corporate Welfare
Full Document Available in PDF One of government’s primary current undertakings…
Study
Avoid Extending Antitrust Regulation into New Competitive Realms
Full Document Available in PDF Over the past several decades, until…
Blog
Food Safety Modernization Act Passes; Unconstitutional Provision Supposedly Removed
The Food Safety Modernization Act was passed again by Congress on Sunday, apparently without a provision that earlier drew criticism for violating the Constitution by having a…
Blog
Morning Media Summary
Tech: Chavez defends plan for Internet regulations: “Venezuelan President Hugo Chavez defended plans for a law that would impose broadcast-type regulations on the…
Citation
Future FSA, HRA charges to fund ObamaCare
Before It's News
FCC Threatens to Impose Destructive Rules on Internet
Before It's News
The Fed’s Christmas Gift: Reduced Fees for Fat-Cat Merchants
On a snowy Thursday in the nation’s capital – with little more than a week to go until Christmas – the Board of Governors of…
Blog
Judicial Hellholes Kill Jobs and Redistribute Wealth
The most recent list of judicial hellholes has just been released by the American Tort Reform Association. It lists “courts in Philadelphia; California’s Los Angeles…
Blog
Morning Media Summary
Tech: FCC’s net neutrality plan faces growing chorus of bipartisan opposition: “As the Federal Communications Commission (FCC) prepares to vote next week on…
Blog
Nanny-Statist CSPI Sues to Ban Happy Meals at McDonald’s
An ill-informed left-wing group, the Center for Science in the Public Interest, is suing McDonald’s in California to ban toys from Happy…
Blog
Should Obamacare Be Struck Down In Its Entirety Rather Than Just Having Its Unconstitutional Parts Severed?
In his ruling striking down Obamacare’s individual mandate (requirement that people buy health insurance), Judge Hudson in Richmond declined to strike down the rest…
Blog
Security Theater, D.C. Metro Edition
Everyone wants our transportation systems to be safe. But safety must also be balanced with respecting the privacy of citizens, and not wasting money on…
Blog
Morning Media Summary
Tech: Approval of Internet traffic rules likely-analysis: “Contentious Internet traffic rules facing a vote next week are likely to be adopted without radically…
Before It's News
Fed Interchange Price Controls Leave Consumers Paying Big
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give a…
News Release
Federal Reserve’s Interchange Price Controls: Gift to Retailers, Lump of Coal for Consumers
Washington, D.C., December 16, 2010 – This afternoon in a public meeting, the Federal Reserve will release draft rules to implement Dodd-Frank’s Durbin Amendment, which…
Blog
Interchange Price Controls: Gift to Big Merchants, Lump of Coal for Consumers and Community Financial Institutions
On Thursday, the Federal Reserve — at the direction of Congress in the Durbin Amendment to the Dodd-Frank financial “reform” bill — will give…
Blog
An Update on State Alcohol Regulations
Here is another installment in the roundup of news regarding the weird and wacky state of alcohol regulation in the U.S.: California: The “sangria…
Blog
CEI Podcast — December 15, 2010: Alcohol Regulations Across the Country
Michelle Minton, CEI's Director of Insurance Studies, takes a whirlwind tour of alcohol regulations across the country.
Blog
Morning Media Summary
Tech: Air Force Blocks Media Sites: “The U.S. Air Force is blocking its personnel from using work computers to view the websites of…
Blog
Is Obamacare’s Government Healthcare Takeover a “Civil Right”?
Doug Powers takes aim at the silly argument by the Obama administration that opposing Obamacare is analogous to opposing basic civil rights. As he…
Blog
Reactions to Court Ruling Striking Down Part of Obamacare in Virginia v. Sebelius
Yesterday, a federal judge in Richmond struck down Obamacare’s requirement that individuals buy health insurance. Cato Institute’s Ilya Shapiro reacts to the decision…
Blog
Morning Media Summary
Tech: Gawker Media Hacked, Warns Users to Change Passwords: “E-mail addresses and password details for 200,000 registered users of Gawker…
Blog
The Day Four Loko Died
Last month, when Phusion Projects announced they were removing caffeine from their popular alcoholic-energy drink Four Loko, they told the FDA that “original recipe”…
Blog
Ruling in Virginia’s Challenge to Obamacare Individual Mandate Expected Today
A ruling in Virginia’s constitutional challenge to Obamacare’s individual mandate is expected later today. The Competitive Enterprise Institute joined in an amicus brief filed…
Before It's News
Feds Use New Tool to Target Ex-CEO
The Daily Caller
Federal Pay Freeze: More Things Stay the Same
Five short months after Democrats called Republicans’ suggestion to freeze federal pay a “cynical ploy,” President Obama announces his plan to freeze federal paychecks…
Blog
Are Government Employee Unions Losing the Democrats?
Government employee unions have long been renowned as one of the Democratic Party’s most loyal and dedicated supporting constituencies. For years, Democratic politicians have supported…
Blog
New Fast Food Restaurants Banned in South Los Angeles
New fast-food restaurants are now banned in South Los Angeles. Say goodbye to many entry-level jobs in that poor urban area. The cockamamie idea behind this ban is…
Blog
Energy Drink Ban? What’s Next?
Lynne Nowick, a legislator in Suffolk County, New York, wants to ban energy drinks for anyone under the age of 19 years old. Why?…
One News Now
Backup camera rule expensive, ineffective
Blog
Court Rejects Obesity Class-Action Against McDonald’s
A New York court has refused to certify a class-action lawsuit against McDonald’s by people claiming it made them obese. As Ted Frank notes,…
One News Now
FDA recalls = future food fiascos
Blog
Small Brewers’ Big Mistake in Colorado
In Colorado, the only place one can purchase alcoholic beverages over a strength of 3.2 percent alcohol by volume to take home is in a…
Blog
Morning Media Summary
Tech: Anonymous’ Operation : Payback campaign defends Wikileaks, downs MasterCard website: “Online supporters of whistleblowing website Wikileaks are fighting back…
publication:http://calvinayre.com/2010/12/08/legal/will-reid-online-poker-bill-win-congressional-pot/
Will ‘Harrah’ Reid’s Online Poker Bill Win the Congressional Pot?
Hawaii Reporter
Make America Stronger, Smarter and Save Trillions
The Hawaii Reporter discusses the costs of regulation with Wayne Crews. The magnitude of the costs of regulations for example, is staggering. Clyde…
Blog
People Do What You Pay Them to Do
This seems like an obvious statement. But Big Government is shocked — shocked! — when it pays doctors to perform surgeries instead of taking time for…
Blog
Deal to Explode Deficits by $900 Billion Will Burden States and Employers With More Unemployment Costs
President Obama and Republican leaders reached a deal to extend the Bush tax cuts for two years — and temporarily reduce social security payroll taxes…
Blog
Morning Media Summary
Tech: Sharpton: FCC should threaten radio stations carrying Rush [Video]: “If the left can’t get Rush by reviving the Fairness Doctrine, maybe the…
Hawaii Reporter
More FDA Authority Won’t Improve Food Safety
Letters
Coaliton Letter on Credit Union Regulatory Relief
Full Document Available in PDF Along with this letter please find a new advertisement, signed…
Blog
Morning Media Summary
Tech: Wave Goodbye to Internet Freedom: “The Federal Communications Commission (FCC) is poised to add the Internet to its portfolio of regulated industries.
Hawaii Reporter
The food industry plays regulatory roulette
Hawaii Reporter
A Bold Proposal for FDA Reform
Blog
Unemployment Jumps to 9.8 Percent; Stimulus and New Regulations Wipe Out Jobs
Unemployment has jumped to 9.8 percent. The population has grown recently, but the number of jobs has remained virtually flat. The White House…
Blog
Sunday Brunch in New York City
You can find a lot in New York City that you can’t find anywhere else in the world. But if you’re in New York and…
Blog
Morning Media Summary
Tech: WikiLeaks switches to Swiss domain after attacks: “WikiLeaks was forced Friday to switch over to a Swiss domain name, wikileaks.ch, after a…
Blog
Senate Leaders Violate Constitution in Pushing Through Costly Food Safety Modernization Act
The House and Senate passed different versions of the Food Safety Modernization Act, which would ratchet up costly regulations of farms and food processing. (Greg…
Blog
Homeland Security Violating Due Process and Free Speech In Internet Power Grab?
Law professor David Post notes that the Department of Homeland Security is seizing entire domain names, not to protect national security, but to enforce…
Blog
Colorado to Ban Light & Low-Calorie Beer in Bars?
Next year bars and dine-in restaurants in Colorado might be forced by law to stop selling light, low-calorie, and low-alcohol beers. Any beer…
Blog
Federal Register Hits 75,000 Pages
At its current 327-page per day pace, the 2010 Federal Register would be 81,560 unadjusted pages long.
Blog
Morning Media Summary
Tech: Google To Punish No-Good Sites With Revised Search Ranking: “Google’s method of ranking of search results took a hit last week in…
The Cleveland Plain Dealer
Do You Really Want the IRS to Do Your Taxes?
Appeared In: The Centre Daily, The Cleveland Plain Dealer, Smart Pros, The Sun News, The New Hampshire Union Leader,…
Blog
$7 Billion or More in New Taxes for Virginians Under EPA Mandate
The EPA told Virginia earlier that it would impose costly measures on Virginia Counties, measures so costly that they would result in record property…
Blog
EPA at 40 — Doing an End-Run Around the Legislative Process
The Environmental Protection Agency is 40 years old. It came into being under a Republican president, Richard M. Nixon, and opened its offices on…
Blog
Do You Want the IRS Doing Your Taxes?
The income tax is a pain in the neck. The obvious solution is the simplify the 70,000-page tax code. But some are proposing to have…
Blog
Morning Media Summary
Tech: FCC chairman to propose plan for net neutrality: “The chairman of the Federal Communications Commission plans to announce Wednesday…
Blog
European Commission Should Leave Internet Search Alone
Today, the European Commission opened a formal antitrust investigation into Google to probe allegations that the firm rigged its search engine to discriminate against…
NPR
The IRS’s Proposal to do Your Taxes for You
Blog
CEI Podcast — November 30, 2010: Food Safety, Washington-Style
CEI Senior Fellow Greg Conko looks at the major provisions of the food safety bill that the Senate is voting on today.
Blog
Real Estate Development and Generation Y
Over the Thanksgiving holiday, I came across this article in Urban Land magazine, “Housing Gen Y: The Next Challenge for Cities,” by John McIlwain. In…
Blog
STREET SIGNS WITH ALL CAPS ARE GIVING LOCAL GOVERNMENTS A HEADACHE
The federal government has managed to create a new regulation that will put even more local governments in the red. Apparently, bureaucrats have determined…
Blog
Morning Media Summary
Tech: Christian group asks Apple to reconsider app suspension: “A Christian organization that recently had its Apple iPhone app removed from Apple’s…
Blog
Online Gambling in New Jersey Could Cause WTO Disputes
New Jersey is on the verge of becoming the first state in the U.S. to explicitly legalize online gambling in an attempt to keep…
Blog
Morning Media Summary
Tech: Comcast: Internet service restored after regional outage: “Officials at Comcast Sunday night said they did not know what caused disruptions in its…
Blog
Federal Government Subsidizes Obesity and Wealthy Urbanites
In the Washington Examiner, David Freddoso explains how the federal Department of Health and Human Services spent $766,000 of your tax dollars to help…
Blog
How Property Rights Saved the Pilgrims After the First Thanksgiving
In Reason Magazine, Nick Gillespie and Meredith Bragg write about how the establishment of property rights among the pilgrims made them more “industrious” and…
Blog
A New Course for Wild Tigers
A New York Times editorial highlights a struggle faced by the wild tiger, noting its population is down to approximately 3,200 from a high…
Blog
Morning Media Summary
Tech: Wipeout: When Your Company Kills Your iPhone: “A few weeks ago, Amanda Stanton’s iPhone suddenly went black.” 34% of all malware…
Blog
TSA Roundup
The Thanksgiving travel rush is officially underway.
Blog
Obama Includes Toyota, Hyundai and Kia in 75,000 Jobs “Created” by GM Bailout
This post was coauthored by CEI Research Associate Andrew Kwiatkowski As we write, President Obama and Vice President Biden are doing a victory lap…
Blog
“Model” Foreign Aid Recipient Uses Foreign Aid to Repress Its Citizens
Ethiopia is considered a model recipient of foreign aid by international aid agencies, since it uses much of the aid on its people, rather than…
Blog
CEI Podcast — November 23, 2010: The Crusade Against Alcohol Energy Drinks
Baylen Linnekin, author of the recent CEI On Point "Extreme Refreshment Crackdown: The FDA’s Misguided Campaign Against Alcohol Energy Drinks" looks at the recent push…
Blog
Morning Media Summary
Tech: Facebook censors, cracksdown on breastfeeding photos: “In one of the photos that keeps getting Emma Kwasnica’s Facebook account suspended, the Montreal-based mother…
Blog
Unions’ Shifting Lame Duck and NLRB Agenda
With Democrats losing control of the House of Representatives and a substantial number of seats in the Senate, organized labor’s hopes of seeing its legislative…
Blog
Obesity Letters Assume Parents Can’t See Their Children
A school district in Arizona is implementing a controversial program that has the world talking: they will be weighing students and sending notes home…
Blog
Morning Media Summary
Tech: FCC chief on net neutrality: Trust me: “FCC chairman Julius Genachowski now finds himself caught between unfulfilled promises made to the tech…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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