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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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…
Search Posts
Blog
Dodd bill punishes Main Street entrepreneurs, rewards Fannie and other high rollers
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about medical…
Blog
Regulation of the Day 126: Cheese-Rolling Races
Cheese-rolling races have been held at Cooper’s Hill in Gloucester, UK since the 1800s. Until this year, that is. Health and safety regulators shut down…
Blog
ObamaCare’s Enormous Cost Is Hidden by Dishonest Gimmicks, Says New York Times Columnist Who Supported Obama in 2008
New York Times columnist David Brooks, like other columnists at that staunchly liberal newspaper, supported Obama in the 2008 election. But even he can…
Blog
Gov’t report backs up my Prius hoax revelation
As I reported in Forbes Online on Friday, and am scheduled to discuss tomorrow on NBC’s Today Show (beginning at 7AM EST), the Balloon…
Blog
$3,000,000,000,000 in Tax Increases in President Obama’s Budget
The president’s proposed budget raises taxes by three trillion dollars over the next ten years, notes Washington fiscal analyst…
Blog
“Toyota Hybrid Hoax,” my piece in Forbes Online
Yes, you suspected it all along. Now I’ve proved it. Mr. Sikes’s wild ride was a fabrication. The only reason his accelerator was stuck…
Blog
CEI Weekly: CEI Argues Against Climate Change Policies
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Will Yeatman and Chris Horner's dual op-eds in the Washington…
Blog
How Do These People Avoid Cognitive Dissonance?
Supporters of the health care bill spend a lot of time attacking health insurance companies. The health care bill would legally require people to give…
Blog
Obama Runs Up Largest Budget Deficit in American History; Monthly Deficit Alone Exceeds Entire Annual Deficit for 2007 Under Bush
“The Obama Administration has run up the largest budget deficit in American history in February of 2010, a whopping total of $220.9 Billion in just…
Blog
Regulation of the Day 125: Salt
Assemblyman Ortiz has introduced legislation that would “make it illegal for restaurants to use salt in the preparation of food. Period.” A $1,000 fine would…
Blog
Thursday Immigration Meeting: Will Immigration Reform Be a Boon or Bust?
When Senators Graham (R-SC) and Chucky “I know nothing about business” Schumer (D-NY) come to a compromise on comprehensive immigration reform, the only…
Blog
Obama Administration Rewards Corrupt Mortgage Giants, Punishes Productive Private Banks, Fleeces Taxpayers and Responsible Credit Cardholders
The Obama administration wants to increase taxes on productive banks that are self-supporting, while exempting the mortgage giants and other companies that got massive taxpayer…
Blog
Regulation of the Day 124: Kissing Your Girlfriend Good-Bye
How do we know the terrorists are winning? When a man kissing his girlfriend good-bye at Newark Liberty International Airport results in the evacuation of…
Op-Eds
The Corker-Dodd-Alinsky Bill? : Center-Right Coalition Letter Warns about “Proxy-Access”
Capitol Confidential and Jim Hoft have done an excellent job laying out concerns with the potential “compromise” bill that comes out of Sen. Bob…
Blog
What does the public realize about the Toyota hybrid hysteria that the media are missing?
On YouTube you can view a news report regarding the Prius alleged runaway hysteria incident, complete with an excerpt from the 911 call James…
Op-Eds
Looking Out for the Big Guys
Big is bad, many on the Left believe, but only in business, not in government. Many on the Left rail against mass discounters…
Blog
The Hidden Costs of Health Care Reform: “Obamacare Is A Budgetary Disaster”
The health care bills backed by President Obama will cost $2.3 trillion, not the $900 billion Obama claims, and will be a “…
Blog
The cut-and-paste Splinternet
The way Ben Kunz in a new Business Week artcle puts it, “Each device contains its own widening universe of services and applications, many…
Citation
Credit Card Bill of Rights
Blog
Obama’s Policies Will Increase National Debt by $9.7 trillion, Says Congressional Budget Office
“President Obama’s policies would add more than $9.7 trillion to the national debt over the next decade, congressional budget analysts said Friday. . .The 10-year…
Blog
CEI Weekly: DOE Seeks Lobbyists to Sell Green Jobs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's FOIA findings from the Dept. of Energy, protests…
Blog
Can a “runaway Toyota” be stopped with the brakes?
There have been many driver claims that they tried using the brakes but it couldn’t override the engine at the full throttle into which alleged…
Blog
Regulation of the Day 123: Donating Blood
If you’re gay, you can’t donate blood. It’s illegal. Rather than screening donors for sexual preference, they should be screened for blood-borne diseases. Straight people…
Blog
Federal Register Reaches 10,000 Pages
It only took 4 working days to top 1,000 pages. Now, after 42 working days, the grand total is 10,158. That’s an average of 242…
Blog
Regulation of the Day 122: Home-Schooling in Germany
It is illegal to home-school your children in Germany. One family faced "[F]ines eventually totaling over $11,000, threats that they would lose custody of their…
Blog
Regulation of the Day 121: Cussing
It’s officially “Cuss Free Week” in California. Last Thursday, the state legislature passed a resolution to make the first week of March swearing-free.
CEI Planet
CEI Planet: January – February 2010
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles from the January-February 2010 issue: …
Blog
Regulation of the Day 120: Fish Tanks in Barbershops
In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though.
Op-Eds
Proxy Access: The Obama-Dodd-Alinsky Shareholder Jujitsu
What would Saul Alinksy do? In the wake of defeats for the Obama administration last month both with Scott Brown’s stunning Senate…
Blog
Ralph Nader’s shocking solution to the Toyota “problem”
The answer to the problem of Toyotas running amok, says Ralph Nader in a Los Angeles Times op-ed today? Choose one response: 1. More…
Blog
Torches, Pitchforks, and Congress
“It occurred to me that this panel would only take place, of the industrialized nations, in the United States of America. That in every other…
Blog
Biden announces retirement (savings program)
Vice President Joe Biden announces retirement (savings program). If only we were so lucky. (In reality, it doesn’t matter. As he recently said,…
Blog
CEI Weekly: Marlo Lewis’ Music Video Against Climate Change
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Marlo Lewis' music video, "How I was not Al Gored…
Blog
Disturbing parallels between the Toyota hysteria and the Audi 5000 debacle
Toyota stands accused of 34 sudden acceleration incidents over the last 10 years that are “linked to” or “associated” with fatalities, a figure that in…
Letters
Letter to Barney Frank
Full Document Available in PDF The Competitive Enterprise Institute is a not-for-profit non-partisan educational and research institute dedicated…
Blog
E-Verify is a Spectacular Failure and Should be Abandoned
The Wall Street Journal today reported that the E-Verify system, a Federal database designed to identify undocumented workers and prevent their employment, fails to…
Blog
Regulation of the Day 119: Bake Sales
School bake sales are basically banned in New York City. Mayor Bloomberg and the city’s Department of Education worry that they contribute to child obesity.
Blog
In-Flight Wi-Fi: Security Threat?
An article in this month's Infotech & Telecom News on a TSA proposal to ban in-flight wi-fi quotes me at length. Here's what I had…
Blog
Banks trying to recoup from bad loans and inadequate reserves urged to lend
There’s a juxtaposition in a Washington Post article today that deserves a “Wha?” The article focuses on the huge drop in bank lending in…
Blog
Regulation of the Day 118: Unlicensed Dogs
In Los Angeles, it is illegal to own a dog without a license. Packs of wild, unlicensed dogs roam the streets at night. People are…
Blog
The government’s conflict of interest in the Toyota witch hunt
You don’t need to look for ulterior motives in the government attacks on Toyota, which include not just the current congressional hearings but such things…
Blog
Bhagwati on climate change — please, no
In today’s Financial Times, noted trade economist Jagdish Bhagwati strays again into the climate change debate – and he doesn’t apply his usually sharp…
Blog
Regulation of the Day 117: Hot Dogs
The AAP says hot dogs are a choking hazard for children. According to the data, Little Timmy is literally more likely to be struck by…
Blog
Credit CARD Act penalizes thrift and entrepreneurship; interchange fee controls would compound harm to consumers
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect. While the law, passed last May, is being hailed as…
Blog
Myths about Labor Myths
Sunday’s Washington Post features a supposed myth-debunking piece about organized labor that is so misleading that it’s hard to know where to begin driving…
Op-Eds
Credit Card Act Hits Cardholders, Entrepreneurs
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect and is being hailed as a boon for consumers.
Blog
Regulation of the Day 116: Doodling on Desks
Alexa Gonzalez, 12, was arrested and put in handcuffs for writing "I love my friends Abby and Faith. Lex was here 2/1/10 :)" on her…
Blog
We’re not #1 and it’s okay
Internet access is not a right. It is a privilege; one that we pay for. FCC Chairman Julius Genachowski, while not explicitly demanding high-speed Internet…
Blog
Regulation of the Day 115: Pancake Races
The secret to winning is to cross the finish line before your opponents do. That usually means running. The problem is that sometimes, running violates…
Blog
CEI at CPAC this week!
CEI is co-sponsoring the annual Conservative Political Action Conference in Washington, DC, which is expecting to draw a crowd of some 9,000 -10,000 people…
Blog
Not-so-Happy Stimulus Anniversary
The Obama administration and its allies are trying their hardest to put a happy face on the first anniversary of the the gargantuan $787-billion stimulus…
Blog
Obama Defends Misguided Spending Stimulus on One-Year Anniversary
Today on the anniversary of Porkulus, President Barack Obama and his staff are defending the massive spending stimulus and sweeping financial, health care, energy…
Blog
Bailout for the First Amendment vs. Preservation of Competing Biases
Clearly many groups contend there’s a “crisis” in journalism, even to the extent of advocating government support of news organizations, despite the dangers inherent…
Blog
Increase small biz lending not gov spending
President Obama seems to genuinely want to help people and improve the economy. However, he also seems to genuinely believe that the best and most…
Blog
Space, the final private frontier
Here’s a case for private space exploration in the Wall Street Journal. Indeed, if we can ever get rid of NASA and the FAA,…
Blog
Privatization in VA: Not as easy as ABC
As I wrote back in November at the Objective Standard’s blog (my colleague Ivan Osorio also wrote about the topic here), Virginia’s new…
Blog
Act Now! Support a Bold National Elevator Plan
Last week I received Public Knowledge’s press release and letter urging support of a “Bold National Broadband Plan.” I admire PK a great deal on…
Op-Eds
Bush Billboard in Minnesota Asks “Miss Me Yet?”
A billboard appeared in Wyoming, Minn. this week (the person/org responsible is still unknown) with the visage of former President George W. Bush…
Blog
Regulation of the Day 114: Unlicensed Fruit Candy
Department of Health inspectors seized, slashed open and poured bleach over thousands of dollars of local peaches, pears, raspberry and plum purees owned by pastry…
Blog
Government should spend nanodollars on nanotechnology.
At least that’s how my former colleague Tom Miller, now at the American Enterprise Institute, used to put it. Still another government/business funded report,…
Blog
Will Obama Recess-Appoint Becker?
With the nomination of former SEIU associate general counsel Craig Becker to the National Labor Relations Board (NLRB) most likely dead in the Senate, the…
Blog
Regulation of the Day 113: Throwing Snowballs
Two students at James Madison University in Virginia were charged with felonies for throwing snowballs at a snowplow and an unmarked police car.
Blog
Federal Government Shuts Down Due to Snow
There is great wisdom in Mark Twain’s famous adage: “No man's life, liberty, or property are safe while the congress is in session.”…
Blog
Regulation of the Day 112: Importing Pork Rinds
The federal government is loosening its restrictions on importing pork rinds from Brazil.
Blog
Regulation of the Day 111: Buying Wine in New York
It is illegal for grocery stores to sell wine in the state of New York. Only liquor stores are allowed to sell the stuff.
Blog
“Health Care Freedom” Bills Pass Virginia Senate
The Virginia State Senate passed “health care freedom” bills giving citizens the right not to be forced to buy health insurance. This sets…
Blog
Regulation of the Day 110: Watching the Super Bowl
Hosting a Super Bowl party this Sunday? You might be interested to know that it is technically illegal to watch the Super Bowl on a…
Blog
“Killer Cans And Toxic Baby Bottles,” my piece in Investor’s Business Daily
Should we worry about a common chemical almost all of us carry in our bodies that activists claim causes a list of diseases longer…
Blog
Regulation of the Day 109: Unplanned Castles
In 2002, Robert Fidler built his family a house that resembles a castle. It is his dream home. Authorities want to require him to demolish…
Blog
Regulation of the Day 108: Murals in Front of Houses
A Los Angeles couple recently paid an artist to paint a mural on the wall in front of their house. The city is threatening the…
Blog
Government Unions up, Private Sector Unions down but not out
The Wall Street Journal explains the significance of the crucial shift in union membership that reached a tipping point last week: More union members…
Blog
Virginia Legislators Kill Bills to Mandate Child Support for Adult College Students
Virginia legislators recently killed bills to extend child support to adult college students. The bills would have required a non-custodial parent to make payments to…
Op-Eds
Obama can Aid Small Businesses by Providing Regulatory Reform
In news accounts about fights over new regulation, the story is almost always the same. The media portray the drama as that of well-intentioned…
Blog
The Nation Confirms Craig Becker’s Radicalism
Former Service Employees International Union (SEIU) associate general counsel Craig Becker, who has been nominated to the National Labor Relations Board (NLRB) by President Obama,…
Blog
The High Cost of Project Labor Agreements
At Biggovernment.com, Mandy/Liberty Chick provides a comprehensive overview of project labor agreements (PLAs), which impose onerous conditions on contractors who wish to bid on government…
Newsletter
The Lessons of the Meltdown, Attacking the Tea Parties and Texting Safety
Former Wall Street Journal editor George Melloan takes on the recent economic meltdown in a new book. A new online campaign aims to fight the…
Blog
An alternative to laws against texting while driving?
You can put on makeup while driving, fiddle with your GPS and iPod or reach back to pinch your annoying kid in the back seat,…
Blog
Regulation of the Day 107: Blowing Your Nose While Driving
It's a good idea to be in control of your car when you're driving. This good idea is also law in most places. But sometimes…
Blog
Maryland Legislators Seek to Jack Up Child Support Levels, Based on Bogus Inflation Rationale
A bill, SB 252, was just introduced in Maryland to increase child support obligations for households at most income levels–a massive…
Blog
State of the Union Live-Blog
Welcome to CEI's live-blog of the 2010 State of the Union address.
Blog
Regulation of the Day 106: Clotheslines
Some homeowners' associations ban clotheslines. For people who would like to use clotheslines and aren't allowed to, this presents a problem. Now regulators want to…
Op-Eds
Michigan’s Auto Insurance Rates Aren’t Highway Robbery
In most games, fair play is understood as playing by the rules and reaping rewards or penalties within the game’s parameters. Yet for many…
Blog
“The Hole in the EPA’s Ozone Claims,” my piece in Forbes Online
To the EPA, “safe” is a constantly moving target—and that’s the way it likes it. Always something new to regulate, always a new hobgoblin from…
Blog
SOTU: Irish Entrepreneurs Put Politics to Productive Use
The Washington Examiner’s David Freddoso reports that Paddy Power, Ireland’s largest bookmaker, is taking bets on President Obama’s State of the Union speech…
Blog
Regulation of the Day 105: Not Driving Your Car
John Delacey of St. John’s, Newfoundland, Canada, received a court summons for keeping a car in his driveway and not driving it.
Blog
Better than Nothing or another Feint?
Seeking to recast himself as a fiscal conservative, Obama is projected to propose a freeze on discretionary spending – NPR, NEA, “green” jobs, “disaster” relief,…
Blog
Regulation of the Day 104: Haggis
Haggis is the national dish of Scotland. It has also been banned in the United States since 1989. Fortunately, the ban may soon be reversed.
Citation
Bank Tax “Strictly Political”, but Popular
Op-Eds
Obama’s Bank-Busting Regulation Full of Bugs
President Obama’s proposal on Thursday to bring back 1930s-era separation of commercial and investment banking would do little to prevent the problem of financial…
Citation
Obama’s Glass-Steagal 2.0 Could Crash Financial System
Blog
Regulation of the Day 103: When Products Are on Sale
Two states have regulations for when stores can say their products are on sale.
Blog
Grading Obama’s First Year
CEI released a comprehensive report card this week on the Obama administration's first year in office. My contribution is below; read the full report card…
Newsletter
Myths of the Recession, Challenging the EPA and a Victory for Free Speech
Wall Street Journal editor George Melloan challenges popular misconceptions about the recent mortgage crisis and recession in a new book. Four members of Congress challenge…
Blog
A Good Day for Freedom of Speech
Advocating speech restrictions is a fancy way of saying, "my arguments are too weak to withstand criticism." Get better arguments, then!…
Blog
“Big, bad banks” — a “faux-populist” response
Uh-oh. It was speculation yesterday, but reality today – President Obama and the Democrats have the banking industry in their sights with their trigger…
Blog
Obama’s Glass-Steagall 2.0 could crash financial system
President Obama’s proposal today to bring back…
Blog
Regulation of the Day 102: The Size of Banks
The White House is expected to propose today a maximum allowable size for banks.
Op-Eds
Obama Plan to Split Banks Could Crash Economy
President Obama’s proposal today to bring back 1930s-like separation of commercial and investment banks, dubbed Glass-Steagall II or Glass-Steagall 2.0, would do…
Op-Eds
Crisis Management
One of the more confusing aspects of the great economic meltdown of 2008-09—even more confusing than collateralized debt obligations—has been the tortured…
Blog
Populism, jobs and the economy — where do we go from here?
Scott Brown’s decisive victory in the Massachusetts Senate race has upturned the Democrats’ Progressive agenda. Brown, “the people’s seat” senator, had a resonant message…
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