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
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…
Blog
Regulation of the Day 86: Cockfighting Advertisements
If you’re thinking of sending out advertisements for a cockfight through the mail, you should be aware that a new regulation allows the postal service…
Newsletter
Immigration, Smoking Bans and Sarbanes-Oxley
Rep. Luis Gutierrez (D-IL) introduces comprehensive immigration reform legislation. The Colorado Supreme Court upholds a ban on smoking in stage performances. The battle over the…
Blog
Regulation of the Day 85: Peddlers
It is illegal to be a peddler in Wisconsin without a license. One of the requirements is five years of residency in Wisconsin. Because clearly,…
Blog
CEI Weekly: Sarbox in Court, EPA Ruling on Gases, and Copenhagen
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features coverage on Sarbanes-Oxley's first day in the Supreme Court. This…
Blog
Bastiat’s Broken Window Fallacy isn’t even an analogy when it comes to Obama
One can only stand back in awe. President Obama said this at Home Depot today: “The simple act of retro-fitting” — installing…
Blog
Regulation of the Day 84: The Size of Holes in Swiss Cheese
Talk about attention to detail. The federal government regulates the size of hole in Swiss cheese.
Blog
Obama Summit: President’s goals of more loans and more heavy-handed regulation in conflict
Statement of John Berlau, director, Center for Investors and Entrepreneurs, Competitive Enterprise Institute: President Obama’s twin goals of more bank loans and more heavy-handed regulation…
Newsletter
Climategate in Copenhagen, Antitrust for Health Care and Swine Flu Takes a Dive
The “Climategate” science scandal looms over global warming negotiations in Copenhagen, Denmark. Senators Patrick Leahy (D-VT) and Sheldon Whitehouse (D-RI) lobby to end the long-standing…
Blog
Regulation of the Day 83: Citations
The Code of Federal Regulations contains a regulation on how to cite the Code of Federal Regulations.
NCPA
Michigan’s Auto Insurers Make Only a Small Profit
Blog
Financial Fiasco
I recently finished reading Swedish economist Johan Norberg's book about the financial crisis, aptly titled Financial Fiasco. It's both short and informative. Six chapters and…
Blog
Regulation of the Day 82: Veterinarians
Did you know that the federal government is in the veterinary accreditation business? It’s true.
NCPA
Rebuttal: Michigan’s Auto Insurers Make Only a Small Profit
About the Nov. 30 article "Industry balks at bills aimed at auto insurance reform": Before we listen to politicians who claim greedy…
Blog
Tarp the TARP and give small biz relief from Sarbanes-Oxley and other burdensome regs
Statement of John Berlau, Director of CEI’s Center for Investors and Entrepreneurs, on extending TARP for small business and on Rep. Barney Frank’s plans to…
Blog
Antitrust as Corporate Welfare for Aggrieved Competitors
Wayne Crews and I have an article in today's American Spectator about the antitrust crusade against Intel. An FTC picking winners and losers is not…
Blog
Regulation of the Day 81: Porn
A proposed rule in California would reclassify adult film actors as being subject to certain employment regulations. The unintended consequences are potentially fatal.
Blog
Regulation of the Day 80: Falconry
The Code of Federal Regulations contains 12,834 words worth of rules concerning falconry, of all things.
Blog
Did Deregulation Cause the Great Recession?
Over at RealClearMarkets, I explain why the answer is a resounding no. Over 30,000 total new rules passed during the Bush years. Hardly any were…
NCPA
Did Deregulation Cause the Great Recession?
In a December 3 article in Politico ("J-O-Bs should come before GDP"), Rep. Phil Hare argues that "reckless deregulation" is one of the causes…
Public Radio
Did Deregulation Cause the Recession?
Blog
Regulation of the Day 79: Auctioneers in Alabama
It is illegal to conduct an auction without a license in Alabama. Violators can be punished with fines of up to $500. Applicants must pay…
Blog
False Claims by Government in Supreme Court Case: PCAOB Agency Is More Powerful and Independent Than Government Claims
The members of the Public Company Accounting Oversight Board (PCAOB), an agency being challenged in the Supreme Court on December…
Blog
Don’t Worry about Trade Deficits
I run an ongoing trade deficit with my local grocery store. I import food from them every week. They have never purchased a thing from…
Blog
CEI Weekly: Climate-Gate Continues
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the continued coverage of ClimateGate, the leaked email scandal, on…
Newsletter
Credit Card Fees, Immigration Reform and Heading off an EPA Power Grab
The U.S. looks to Australia’s experience with regulating credit cards fees. Former CNN anchor Lou Dobbs softens his longtime anti-immigration stance. Environmental groups petition the…
Blog
Regulation of the Day 78: Green Energy Subsidies
If green energy is commercially viable, then it doesn't need any subsidies. If it isn't, no amount of subsidy will make it so.
Southern Shift News
30 Million Small Businesses: The Army President Obama has yet to Deploy
Southern Shift News
Letter to the Editor: Retailers Want to Shift Their Costs onto Consumers
It’s a real pity that The Examiner’s Nov. 27 lead story – billed with the screaming front-page headline "Credit cards show no pity" –…
Blog
Regulation of the Day 77: Banning Toys in Happy Meals
Roberto Zabrido, a government official in Spain, is “adamant that the Happy Meal and its ilk pose a risk.” The solution? Legislation!…
NH Insider
Taxpayers Face $20 Million Cost to Enforce Bad Law
Mortgage Magazine
Banks, Credit Companies Get Brief Reprieve From Crushing Federal Regulation Of Internet Gambling
Baltimore Sun
Time to Raise the Alcohol Tax
Blog
Regulation of the Day 76: Generic Medication for Farm Animals
If you put chlortetracycline powder in your farm animals’ drinking water to prevent disease, please be aware that a new federal rule now allows you…
Blog
“Would ObamaCare Reduce Innovation?”: Health Care Bill Would Cause Preventable Deaths
“Would ObamaCare Kill Medical Innovation?” That’s the question posed by health care expert Michael Cannon. His answer is yes: “President Obama’s…
Blog
How Capitalism and Property Rights Saved the Pilgrims From Starving
Law professor llya Somin notes a “lesson of the original Thanksgiving: that the Pilgrims nearly starved to death because…
Blog
The Little People of the Superstate
Almost like answering Henry Kissinger’s famous question–Who do I call if I want to talk to Europe?–the 27 states of the EU have selected the…
Blog
Moderates Criticize Health Care Bill As It Advances in Senate; Experts Gave Bill A “Failing Grade”
On Saturday, the Senate voted 60-to-39, along party lines, to press towards passage of a massive health care bill, by blocking a…
Blog
Illegal Immigration: Make it Legal
The Boston Globe’s Jeff Jacoby wrote a wonderful column yesterday that highlights the inconsistent stance of many conservatives when it comes to immigration.
Baltimore Sun
Effort To Curb Financial Giants May Worry Markets Even More
Blog
Healthcare Bill Advances in Senate, Despite Receiving Failing Grade from Health Experts; Democrats Block Filibuster in Party-Line Vote
The healthcare bill is on the verge of passing the Senate, despite the fact that it has received a failing grade from healthcare experts like…
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