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: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Search Posts
Blog
JAMA’s Dangerous Hype: BPA and Cash Register Receipt Research Letter
This month’s issue of the Journal of the American Medical Association (JAMA) contains a “research letter” on a “study” conducted by researchers at Harvard…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from grading grapefruit to detaining journalists.
Blog
Bad Highway Policy Is a Bipartisan Affair
Two major pieces of surface transportation policy news dropped this week. President Obama is readying the release of his budget, which will contain over $300…
National Review
‘Stop Government Abuse’ Week
This week, House majority leader Eric Cantor (R., Va.) is promoting a series of ten bills as part of his Stop Government Abuse Week (hashtag:…
Blog
CEI Podcast for February 27, 2014: Can the EPA Regulate Greenhouse Gas Emissions?
The Supreme Court heard oral arguments this week in a case that could determine whether or not the EPA has the authority to regulate greenhouse…
Blog
Reining in the Executive Branch Bureaucracy, Part 9: Congress Must Affirm Final Agency Rules before They Are Law
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
Reining in the Executive Branch Bureaucracy, Part 8: Create a Culture of Repealing Regulations
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
35 new regulations, from helicopter ambulances to infant formula.
Blog
GW’s Entrepreneurship and Crowdfunding Barriers to Today’s Revolutionary Entrepreneurs
Happy Washington’s birthday, everyone! Although the holiday was on Monday, George Washington’s actual date of birth is tomorrow, February 22, in the year 1732. And…
Blog
CEI Podcast for February 20, 2014: The Expanding Regulatory State
CEI Fellow Ryan Young discusses the large stock of existing regulations and the rapid flow of new regulations.
Blog
Minimum Wage Increase to Wipe Out 500,000 Jobs
"Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing" would "cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst…
Blog
Suing the IRS – And Winning
Proving that sometimes good guys can win, our friends at the Institute for Justice are celebrating a big win against the IRS.
Blog
Here Are the Obama Administration’s 191 Big-Dollar “Economically Significant” Rules and Regulations
If you pay any attention to the debate over federal regulation (there are at least three or four of you), you inevitably hear about "economically…
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CEI’s Battered Business Bureau: The Week in Regulation
56 new regulations, from lamp fixtures to handling potatoes.
Blog
CEI Podcast for February 12, 2014: Are Cell Phones Coming to an Airplane Near You?
CEI Fellow Marc Scribner opposes a bill that would ban in-flight cell phone usage on airplanes. He believes that decision should be left to airlines,…
Blog
No Obamaloans at the Post Office!
While Sen. Elizabeth Warren may proudly brand herself a populist, in her latest crusade, she is casting her lot with fat cats. Warren wants to…
Blog
Obama Major Regulations 29 Percent Higher Than Bush
The 1996 Congressional Review Act (CRA) requires agencies to submit reports to Congress on their major rules — frequently defined as those costing $100 million…
Blog
House Committee to Markup Bill Banning In-Flight Cell Phone Calls
Tomorrow morning (Tuesday, February 11), the House Transportation and Infrastructure Committee will markup the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act (H.R.
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Reining in the Executive Branch Bureaucracy, Part 7: Recognize and Reduce Indirect Costs of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
55 new regulations, from kiwifruit administration to dehumidifiers.
Blog
More Equality in the U.S. Than in Europe: When the Minimum Wage Buys More in the U.S.
France and England may have higher minimum wages than most of the U.S. does, but things cost so much there that minimum-wage workers can afford less stuff…
Blog
Waxman’s Last Stand on Net Neutrality
It was announced that Rep. Henry Waxman, D-Calif., is proposing new net neutrality legislation. The proposed bill has likely been made…
Blog
Reining in the Executive Branch Bureaucracy, Part 6: Deal with the Deadweight Cost of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
New York Alcohol Bill Benefits Big Business at Consumers’ Expense
New York’s consumers and small alcohol retailers could soon be paying more for their tipples, for the benefit of big wholesalers. A bill now making…
Blog
Two Million Jobs Will Disappear Due to Obamacare, CBO Predicts; Deficit to Rise
“The new healthcare law will slow economic growth over the next decade, costing the nation about 2.3 million jobs and contributing to a $1 trillion…
Blog
USDOT Calls for Connected Vehicle Mandate; Security and Privacy Concerns Remain
The U.S. Department of Transportation (DOT) announced today it would chart a regulatory path that would require all new automobiles to be equipped with…
Blog
Should States Legalize Sports Gambling? Yes!
With Super Bowl XLVIII in the history books, all that remains now is for the losers to lick their wounds and for the victors to…
Blog
Regulation without Representation
Over at The Hill's Congress blog, Wayne Crews and I make the case for reining in the regulatory state as a way to improve the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
52 new regulations, from hedge funds to California dates.
Blog
Long-Suspected TSA Abuse and Incompetence Confirmed by Former TSA Employee
Politico Magazine has a disturbing article by former transportation security officer Jason Edward Harrington. At least it would be disturbing if it wasn’t largely just a confirmation…
Blog
Reining in the Executive Branch Bureaucracy, Part 5: Categorize Regulations by Impact
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
State of the Union: President Gets Minimum Wage and Gender Pay Gap Wrong
President Obama surprised few in his State of the Union address, which was dominated by egalitarian and populist themes. The president is entitled to his…
Blog
State of the Union: Economic Band-Aids for Poverty and Unemployment
One of progressivism’s most admirable traits is its concern for the little guy. But many progressive policies for alleviating poverty, unemployment, and other social problems…
Blog
Reining in the Executive Branch Bureaucracy, Part 4: Put a Spotlight on Economically Significant Rules
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI Experts on the State of the Union
ECONOMIC MOBILITY Iain Murray, Vice President for Strategy: “The fact is: Today’s America is divided between those who work…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
43 new regulations, from flood elevations to extra parentheses.
Blog
Reining in the Executive Branch Bureaucracy, Part 3: Make Regulations Transparent Like the Budget
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
Reining in the Executive Branch Bureaucracy, Part 2: Regulatory Benefits? Maybe Not
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his State of…
Blog
Target, Retailers Use Dodd-Frank to Skimp on Data Security
Chutzpah, thy name is the National Retail Federation! In the wake of the recent credit and debit card breach at Target that may have compromised…
Blog
The Loss of Net Neutrality Is Not a Detriment to Consumers
Last week’s announcement that the District Court of Appeals struck down the non-discrimination and no-blocking rules of the Federal Communication Commission's (FCC) 2010 Order on…
Blog
Reining in the Executive Branch Bureaucracy, Part 1: Measure Regulatory Costs
Since the Federalist Papers, America has debated "Energy in the Executive." But President Obama's 2014 agenda framed by his State of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
57 new regulations, from shoeing horses to Florida avocados.
Blog
Obama Announces NSA Reforms Could Undermine U.S. Leadership in the Global Information Economy
President Obama outlined plans to “reform” the National Security Agency’s mass surveillance programs in a Friday morning speech at the Justice Department. To his…
Blog
“Wall Street” Regs Devastate Main Street Banks and Credit Unions
Again and again, when regulators implement a new Dodd-Frank regulation aimed at "Wall Street," it is Main Street banks and credit unions that are forced…
Blog
CEI Podcast for January 16, 2014: FCC Loses Net Neutrality Court Case
Associate Director of Technology Studies Ryan Radia argues that while the case looks like a victory on the surface, it still gives the FCC plenty…
Blog
Budget Deal Agreement and State of the Union Address Continue to Neglect Debt and Economy
In the lead-up to the State of the Union...a briefing theme was that President Barack Obama has little appetite for a debt reduction deal and…
Blog
Obamacare Court Ruling in Halbig a Major Blow to Opt-Out States
The court’s ruling today in Halbig v. Sebelius delivers a major blow to the states that chose not to participate in the Obamacare insurance…
Blog
Congressional Research Service Misinterprets Monetary History
Last month, the Congressional Research Service released a report on Bitcoin analyzing the structure of the network and its implications, if any, on monetary policy. The…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
38 new regulations, from job descriptions to Cape Sable thoroughworts.
Blog
Is FCC Chairman Tom Wheeler for or against Net Neutrality? Yes
In what the Washington Post referred to as Federal Communications Commission (FCC) Chairman Tom Wheeler's strongest endorsement yet of net neutrality, he said: Public policy…
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