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
Ten Thousand Commandments 2025 is out now
The 2025 edition of CEI’s flagship report, Ten Thousand Commandments, is out today. For more than 30 years, my colleague Wayne Crews has been…

Blog
Free the Economy podcast: Reforming Washington’s 10,000 Commandments with Wayne Crews
In this week’s episode we cover the political roots of totalitarianism, why we should put Fannie Mae and Freddie Mac out to…

Study
Ten Thousand Commandments 2025
Introduction Record federal debt is contributing to record-setting regulatory burdens. While new spending programs show up in budget figures, new regulations requiring the private sector…
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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…
Blog
Why does everybody think BPA is safe but us?
Regarding the ubiquitous plastic ingredient bisphenol A (BPA), my colleague Angela Logomasini blogged that “The greens are rejoicing today because the Food and Drug…
Blog
Regulation of the Day 101: Brushing Teeth After Meals
[A]ny child who has a meal in day care or is in care for more than four hours will be required to brush their teeth,…
News Release
Report Card for the Obama Administration
One year ago today, Barack Obama took the oath of office as President of the United States. Since then, he and his appointees have had…
Blog
Steve Forbes: How Capitalism Will Save Us
Steve Forbes gave a very good talk today, on the topic of his new book (co-authored with Elizabeth Ames), How Capitalism Will Save Us:…
Blog
Regulation of the Day 100: Posting YouTube Videos
The Italian government is considering making it illegal for its citizens to post videos on the Internet without a license.
Newsletter
Net Neutrality, the War on Salt and Beach House Insurance
The Federal Communications Commission receives thousands of comments on its proposed “net neutrality” regulations. New York City public health officials launch a campaign to reduce…
Op-Eds
SarBox Might be Coming to an End
Prospects for substantial relief from or repeal of one of the most burdensome corporate regulations in recent memory have suddenly grown in Congress and…
Blog
“Swine Flu Epidemic ends with a Whimper,” my Philly Inquirer piece
Hidden within the latest edition of the Centers for Disease Control and Prevention’s FluView was this sentence: “The proportion of deaths attributed to pneumonia and…
Blog
CEI Weekly: Net Neutrality vs. “BandWealth”
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' public comment against the FCC's plans to regulate…
Blog
Obama Bank “Responsibility Fee” Is Destructive, Hypocritical and Likely Unconstitutional
The so-called Financial Crisis Responsibility Fee is a tax in search of a target. Today, the President declared, “We want our money back.” Yet his…
Blog
Health Insurance and Campaign Contributions
$40 million and change plus some antitrust troubles is a really small price to pay for a legal guarantee of vastly increased business, forever.
Blog
New York Salt-Slashing Op-Ed in NY Post
Here is my op-ed published in the New York Post on January 13th. As-salt on science On Monday, city officials rolled out an initiative…
Blog
A French Kiwi wine? New Zealand and Australia say “non”
Nice article in the Wall Street Journal today by Anne Jolis on a trademark brouhaha between France and Australia that highlights some…
Blog
Experts Question Enormous Cost and Constitutionality of Healthcare Legislation
The health care legislation backed by the president and congressional leaders will increase Americans’ health care costs by more than $200 billion,…
Newsletter
CIA Climate Data, Fannie and Freddie Absent and Health Insurance and Antitrust
The Central Intelligence Agency shares classified satellite data with climate researchers. Executives from Fannie Mae and Freddie Mac are conspicuously absent from the first hearing…
Citation
Sarbanes-Oxley: Albatross to Growth
Op-Eds
Financial Crisis Hearing Is Partisan Sham
Today marks the first-ever meeting of the Financial Crisis Inquiry Commission, which is charged with investigating the causes of the mortgage meltdown.
Op-Eds
Sarbanes-Oxley: Albatross to Growth
Many economists, policy makers, and members of Congress of both parties are questioning whether what is good for the Big Four accounting firms is…
Blog
Regulation of the Day 99: Salty New Yorkers
New York City is seeking to regulate how much salt is in peoples' food. Enforcement will prove difficult; most food that New Yorkers eat comes…
Blog
New Federal Program Kills Jobs, While Costing Taxpayers Half a Billion Dollars
A federal biofuels program enacted in the name of fighting global warming and reducing dependence on foreign oil is instead killing jobs while perhaps…
Blog
CEI Weekly: Change We Can Really Believe In
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features a compelling op-ed written by CEI's Fred Smith on what…
Blog
Nobel Prize Winning Economist Says Obama Policies Delaying Economic Recovery
In the Wall Street Journal, Nobel Prize-winning economist Gary Becker and others explain how President Obama’s policies are delaying and retarding the inevitable economic…
Blog
Regulation of the Day 98: Gastrointestinal Drugs
Did you know that the federal government has a Gastrointestinal Drugs Advisory Committee?…
Citation
Tax Preparers Must Meet License Requirement
Blog
Thinking outside the box on security
The Washington Post editorial, “In the wake of Flight 253, the TSA must get more anti-terrorist tools” makes a short-sighted argument for increasing resources for…
Blog
That Didn’t Take Long
Today is the fourth working day of the new year. The Federal Register has already exceeded 1,000 pages.
Blog
More Enron-like Behavior by Administration Officials Comes to Light
Earlier, the Washington Post reported on how the Obama administration pressured Freddie Mac not to disclose to investors and the SEC the $30…
Blog
Regulation of the Day 97: Full Body Scans and Child Protection Laws
Sometimes, when two regulations love each other much, they get together and have little baby regulations. This is happening right now in Britain.
Blog
Serial Rapists Roam Free in D.C. as the D.C. Government Shields Ex-Cons from Discrimination
The D.C. government sometimes has more empathy for criminals than for their victims. In December 2007, the D.C. Council voted to…
Blog
Richard Epstein: “Deregulation Now”
In his Forbes.com column, University of Chicago law professor Richard Epstein offers a simple proposal for reviving the economy: “Deregulation Now.” His proposals are…
Blog
Regulation of the Day 96: Health Warnings on Cell Phones
These warning labels have nothing to do with letting people know that their phones can make them look like jackasses.
Citation
Reforms Bode Ill for Tax-Free Health Accounts
Credit Union Times
Payment Card Networks Under Assault
Blog
Public Sector Unions’ Heavy Burden on Taxpayers
As the old saying goes, when you start getting flak, you must be over the target. That seems like a good reason for the hysterical…
Blog
Congress Mulls More Credit Card Restrictions, in Legislation Likely to Backfire on Consumers
Some in Congress want to impose interest rate ceilings on credit cards and restrictions on interchange fees. Australia tried the same thing, and it…
Blog
Regulation of the Day 95: Buying Wine in Ohio
It is illegal to buy more than 288 bottles of wine per year in Ohio.
Blog
Government Uses Takeover of Mortgage Giants to Deliberately Increase Their Massive Losses at Taxpayer Expense
The Wall Street Journal notes that the Obama administration has used the federal government’s bailout of mortgage giants Fannie Mae and…
Blog
Regulation of the Day 94: Plastic Shopping Bags
Washington, DC’s city government is now requiring stores to charge customers five cents for each plastic bag they use at checkout. There were 84 unsolved…
Blog
Obama’s Recent $75 Billion Mortgage Bailout Fails: Harmful to Economy, Housing, and Construction, Say Economists and Real Estate Experts
Economists and real estate experts are saying that a $75 billion mortgage bailout program designed by the Obama administration has backfired and harmed the housing market,…
Credit Union Times
Change We Can Really Believe In
Over the last century, America has lurched down a path toward statism. And Presidents Bush and Obama accelerated the expansion of government power by…
Blog
Stimulus Package Forces States to Raise Taxes, Harms Economy
The federal government’s $800 billion stimulus package, which failed to cut unemployment, is now forcing states and local governments to raise taxes. The Wall Street Journal…
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…
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