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…
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News Release
Unemployment Report, Real Solutions
Today's unemployment report showed the U.S. jobless rate reaching 9.8 percent, the highest since 1983. And although unemployment is referred to as a "lagging indicator"…
Newsletter
Credit Card Fees, Nike Resigns and EU Chemical Policy
Convenience store chain 7-Eleven lobbies for restrictions on credit card processing fees. Nike resigns from the board of the U.S. Chamber of Commerce in protest…
Blog
Big Labor’s Big Prize in Health Care “Reform”
In his Wall Street Journal column today, Holman Jenkins highlights one of the prizes at stake for organized labor in the current health care…
Blog
Rowdy Unionists Shout Down Opponents
Yesterday in Harrisburg, rowdy unionists disrupted a rally held by two Pennsylvania state legislators to promote legislation to end project labor agreements (PLAs), which…
Op-Eds
Retailers Shortchange Customers in Credit-Card Fee Fight
Today, 7-Eleven Inc. and other big retail chains will hit Capitol Hill to offer Congress members and their staffs a supersize serving of hypocrisy.
Blog
Senate Finance Committee Rejects Public Option
Liberal Democrats are fuming. House Speaker Nancy Pelosi (D-Cal.) and House Commerce Committee Chairman Henry Waxman (D-Cal.) remain committed to a "public option". President Obama…
Blog
It’s Complicated
Journalists have a tendency to present overly-simple explanations of current events that often turn out to be false. Part of it is due to the…
Blog
New Study on How Government Employee Unions Squeeze Public Budgets
As in other states, government employee unions oppose cuts that would affect their members. All unions do this, but public sector unions are different.
Newsletter
Opposing Net Neutrality, TSA Unionizing and Banning Soft Toilet Paper
The Washington Post editorializes against the FCC’s proposed “net neutrality” regulations. The American Federation of Government Employees seeks to unionize airport safety screeners and other…
Blog
Obama Slaps Unconstitutional Gag Order on Critic of His Health Care Plan
While Obama ally ACORN attempts to gag whistleblowers who exposed its role in a recent scandal, the Obama administration is trying to gag…
Blog
Obama Losing Youth on Health Care
The National Journal had an interesting article this week describing the difficulty Democrats have been having getting young adults interested in the health care debate.
Blog
ACORN Sues Whistleblowers for Exposing Its Wrongdoing in Scandal
ACORN is now suing the whistleblowers who allegedly filmed it promoting illegal sexual activities for $2 million! And not just them, but…
Blog
DC Councilman Graham’s Chief of Staff Indicted on Bribery Charges Related to Taxi Legislation
Graham's chief of staff, Ted Loza, has been indicted on bribery charges relating to the taxicab legislation.
Newsletter
Net Neutrality, Insurance Reform and Another ACORN Scandal
Senate Republicans abandon an attempt to stop the FCC’s proposed net neutrality regulations. New Orleans braces for the arrival of “Out of the Storm 09:…
Blog
The Economics of Net Neutrality
Over at the Washington Examiner's Opinion Zone, I apply what I learned back in Economics 101 to the net neutrality debate. It's all about scarcity.
Blog
Hard-Left Obama Policies Draw Criticism for Undermining Democracy, Security, and the Rule of Law
In his 2008 campaign, Barack Obama talked a lot about “bipartisanship,” but in office, he has governed from the far left, on both domestic and…
Blog
Gypsy Cabs Coming soon to DC?
If you’ve ever been to Brooklyn, you’ve almost certainly seen firsthand the shortage of taxis that has been created by New York City’s licensing restrictions,…
Blog
Slate’s William Saletan vs. the Food Cops
Slate’s William Saletan has had it with the growing overreach of the food police, a reaction which he acknowledges puts him in unusual company.
Blog
Regulation of the Day 55: Home Environmental Inspections
If cap and trade passes, almost all homes for sale would be required to undergo an environmental inspection. The home cannot be sold until it…
Blog
ACORN’s Empire Will Expand Under Obama’s Health-Care Plan and Financial Rules
Congress recently voted to cut off federal housing funds to controversial group ACORN. But since most federal money goes to ACORN-related…
Blog
Obama Speech to the UN: The Data
Myron has already pointed out how most of what the President claimed were the threats from global warming are exaggerated. Here’s the data to…
Blog
Finding Something to Praise in Obama’s Speech Today
While this speech is mostly hogwash, I am surprised and delighted to be able to find one thing to praise in it: Later this…
Newsletter
Obama on Global Warming, Blocking Net Neutrality and Car-Free Day
President Obama delivers a speech before the United Nations, saying that the U.S. is “determined to act” on global warming. Republican senators announce legislation that…
Blog
Regulation of the Day 54: Shovelnose Sturgeon
Why does the Fish and Wildlife Service want to list it as a threatened species? Because it looks like the pallid sturgeon, which is currently…
Blog
Regulation of the Day 53: Y2K
In which the case for regulatory sunset provisions is inadvertently made.
Blog
An Independent Analysis
The Greens keep trying to change the subject when it comes to what the released Treasury documents about cap-and-trade actually show. They’ve got a bunch…
Blog
Public Option Is Not The Worst Aspect Of ObamaCare
"If liberal health-care reform is going to make people better off, why does it require "a very harsh, stiff penalty" to make everyone buy it?…
Blog
Firing Blanks on FOIA Part II
In his update to his post, Declan McCullagh notes an objection by the Center for American Progress: The fourth objection is the most compelling.
Blog
Firing Blanks in Response to FOIA
A previously unreleased analysis prepared by the U.S. Department of Treasury says the total in new taxes would be between $100 billion to $200 billion…
Orange County Register
A Wider Regulatory Net
Blog
NYT Love Letter to FDA
New York Times reporter Gardiner Harris has a front page article in today's paper on the head of the Food and Drug Administration's Office of…
Blog
Regulation of the Day 52: Bar Food
In Arlington County, Virginia, there exist twelve restaurants that are required to sell $350 of food per one gallon of liquor purchased from the Virginia…
Newsletter
The Costs of Cap and Trade, Deadly Auto Regulations and Rockefeller on Health Care
The U.S. Treasury Department admits that a “cap and trade” system for regulating greenhouse gas emissions could cost every household $1,761 a year. New fuel…
Blog
Solis Tells AFL-CIO: “I am proud and humbled to be your humble servant…”
The AFL-CIO, at its recent convention in Pittsburgh, had much to celebrate, including the fact that a Labor Secretary showed up to pay tribute to…
Blog
Obama Financial Regulations Make Things Worse, Promote Risky Loans, Destroy Banking and Lending Options
President Obama is now pushing financial regulations that reinforce the worst features of the status quo. They…
Blog
Beer for my Horses
The global-warming industry would probably still be solely owned by assoted cranks and romantics (and the odd vice president) if it weren’t for a…
Blog
Regulation of the Day 51: Mandatory Hand Sanitizing
In Jersey City, New Jersey, the school district is requiring students to “sanitize their hands when they walk into the class in the morning, before…
Newsletter
Obama on Wall Street, EPA Backlash and Health Care Roadblocks
President Obama gives a major speech in New York on the future of Wall Street. The Environmental Protection Agency’s attempt to censor data on global…
Blog
Obama scolds Wall Street, but targets Main Street with regs
One year after the Wall Street meltdown, President Obama…
Blog
Regulation of the Day 50: Tires from China
The burden is on tariff supporters to explain why they think people who live in one country are more deserving of economic opportunity than people…
Blog
Scientist Who Saved a Billion Lives Dies; Congress Blocks Reform of Law Based on Junk Science
Norman Borlaug, the scientist who saved a billion lives by fathering the Green Revolution, died Saturday at the age of 95. His work…
News Release
One Year After Wall Street Meltdown, Obama Targets Main Street
One Year After Wall Street Meltdown, Obama Targets Main Street Statement by John Berlau of CEI Center for Investors and Entrepreneurs Washington, D.C., September…
Blog
The Man Who Fed the World
Norman Borlaug was an American agricultural scientist and plant breeder whose work sparked what is now known as the Green Revolution. He was recognized with…
Blog
Obama Administration Undermines Airline Security and Railroad Safety: 9/11 Lessons Ignored
In the aftermath of 9/11, Congress foolishly shifted airline security screening to the inept Transportation Security Administration (TSA), which has failed to detect explosive ingredients…
Newsletter
Intel’s Human Rights, Overdraft Fees and Insurance Deregulation
Intel argues that a recent $1.45 billion fine levied by European antitrust regulators amounts to a violation of the firm’s “human rights.” Banking industry critics…
Blog
CEI Weekly: Taxpayer March on Washington
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's workshop and forum on liberty that happens before the…
Blog
Do Corporations Have Human Rights?
Intel’s defense in its EU antitrust case has taken the surprising line that the company’s human rights were violated. Over at Real Clear Markets, CEI…
Blog
Regulation of the Day 49: Political Speech
If Congress can’t pass laws abridging the freedom of speech or of the press, maybe they can pass laws abridging the freedom of speech and…
Newsletter
Obama’s Health Care Speech, Minority Underemployment and Investing in Global Warming
President Obama’s national health care address receives mixed reviews. DC Progress hosts a panel discussion on the problem of “underemployment” among locals in Washington, D.C.
CEI Planet
CEI Planet: July – August 2009
The July-August 2009 issue of the CEI Planet features coverage of CEI’s 25th Anniversary Gala, and articles on federal catastrophe insurance and TARP transparency.
News Release
Berlau in New York Times on Overdraft Fees from Debit Cards – with Misleading Headline
John Berlau, Director of the Center for Investors and Entrepreneurs at the Competitive Enterprise Institute, was a guest contributor this week to the New York…
Blog
Project Labor Agreements’ Dire Effects on Minority Contractors
Today, DC Progress, a public policy organization that focuses on the District of Columbia, hosted a panel on the issue of underemployment. DC Progress…
Blog
Regulation of the Day 48: Barbers in Nevada
Want to be a barber in Nevada? You’ll need to get a license first. One of the requirements is a chest X-ray, of all things.
Blog
Regulation of the Day 47: Irish Potatoes
It is bad policy to keep perfectly good food off the market because of its shape, especially during times of recession and high food prices.
Blog
Meryl trash talks Julia on pesticides and fat
In the new movie “Julie & Julia,” Meryl Streep does well portraying the late Julia Child, but one can say Streep also benefits from her subject. …
Blog
Happy Labor Day!
In a new poll, Gallup finds public support for organized labor at its lowest level since it began taking the survey. Gallup finds organized…
Blog
CEI Weekly: CEI’s 9/12 Intellectual Ammunition Workshop
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's workshop for the 9/12 March on D.C., and a…
Blog
Regulation of the Day 46: Chemical Weapons
If your company exports chemical weapons, make sure you keep good records. Every year, on company letterhead, you have to list ten things for the…
Blog
Regulation of the Day 45: Wooden Crates
Even the humble wooden crate cannot escape the government’ watchful regulatory eye.
Blog
Regulation of the Day 44: Soil Scientists
In Wisconsin, you need a license to work as a soil scientist.
Blog
No Savings from Preventive Care
A new study published in the journal Health Affairs calls into question claims by congressional Democrats and President Obama that mandatory coverage of preventive care…
Salon.com
Ted Kennedy… the Deregulator?
Blog
Economics 101: Where Do Monopolies Come From?
Bryan Caplan says there are only two ways for a monopoly to form: government protection, or being the best.
Newsletter
A Doctor Shortage, Cap and Trade in the Senate and TARP Transparency
The American Medical Association lobbies Congress to restrict the number of new doctors in the U.S. Senate sponsors of “cap and trade” global warming legislation…
Blog
Regulation of the Day 43: Telemarketing
It is a federal offense for telemarketers to charge their customers without permission. In English, this is called stealing. Which was already against the law…
Blog
Hoover and the Great Depression
It’s certainly possible to blame Herbert Hoover’s policies for the Great Depression. Just not on the grounds that those policies were free-market.
Blog
Regulation of the Day 42: Hearing Aid Calibration
In Virginia, state law requires hearing aids to be calibrated at least annually. Records must be kept for three years.
Salon.com
Kennedy’s Lasting Gift to America: Airline Deregulation
Tributes are pouring in for Edward M. “Ted” Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
Salon.com
Slothful Bureaucracy Fails to Protect the Public
Gene Healy was right to criticize the bloated bureaucracy that is the Department of Homeland Security. Its worst feature is the Transportation Security Administration…
Blog
CEI Weekly: EPA Ponders Axing Whistleblower’s Department
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week’s focus is on reports from InsideEPA.com that the EPA might axe…
Newsletter
Wireless Probe, Nanotechnology Funding and Ted Kennedy, RIP
The Federal Communications Commission launches a three-part investigation into competition in the wireless industry. The National Science Foundation dispenses new grants for nanotechnology research in…
Blog
Regulation of the Day 41: The Color of Beer Cans
Having already solved all of the country's economics woes, the FTC now has time to threaten to step in and stop Budweiser from selling cans…
Blog
Nanotech: Innovation or Stagnation?
In the long run, a competitive, cut-throat market process driven by innovation is better for consumers than if government were to fund and direct research.
Blog
Ted Kennedy’s Deregulatory Legacy on Airlines and Trucking
Tributes are pouring in for Edward M. "Ted" Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
Blog
Regulation of the Day 40: Flying a Plane
Want to fly a plane? The FAA just published 72 pages worth of changes to its already extensive certification rules. 173 changes in all.
Blog
Germanic Hoards
The old central powers (Germany, Austria, Hungary) seem to have come together again in opposition to plans to phase out incandescent light bulbs in…
Blog
CEI’s RRM Suggests Additional Questions for Florida Insurance Commissioner
Yesterday in a press release from CEI's Center for Risk, Regulation, and Markets, the Center raised many questions that should be brought to Florida Insurance…
Newsletter
Healthcare Complexity, Union Politics and Insurance Markets
Critics question the unwieldy complexity of current healthcare legislation. A compromise version of the so-called “Employee Free Choice Act” gains momentum in Congress. Florida Rep.
Blog
Regulation of the Day 39: Postmodern Microwave Ovens
Appliances have to have little badges on them that say they comply with rule that requires the little badges. Perhaps the rule came from the…
Blog
Elaine Chao: Union transparency “more important than Beck;” EFCA “terrible”
Today, at the Heritage Foundation blogger briefing, former Labor Secretary Elaine Chao described the union transparency requirements introduced during the Bush administration as “more important…
Blog
Regulation of the Day 38: Carrying Letters
If anything qualifies as an anti-competitive practice, fining and jailing people for competing with you would certainly top the list. Which brings us to a…
Blog
DOJ to Investigate Microsoft-Yahoo Search Partnership
As expected, The Department of Justice is launching an antitrust investigation into the Microsoft-Yahoo search engine partnership. As I've said before, this is not an…
Blog
Why I Want a Public Option in the Health Care Bill
A bill with a public option will probably not pass. Too much opposition. But one without it probably will.
Blog
New Credit Card Regulations Wipe Out Cash Back and Rewards Programs, Punish Responsible People
If your credit is good, or your credit card balance is low, you may soon pay more on every credit card bill. Why? Congress passed…
Blog
Regulation of the Day 37: Lemonade Stands
It is illegal for children to sell lemonade in New York City without a permit.
Salon.com
Don’t Ban but Expand Them
In proposing his new financial regulations this summer, President Obama pledged to get tough on the big Wall Street banks whose risky practices are…
Blog
Cash for Clunkers Sputters to an End
The Transportation Department announced today that it will wind down the Cash for Clunkers program, which the Obama administration promoted as a way to both…
Blog
FDA Regulation of Internet Drug Advertising
Today, CEI filed comments on a draft FDA guidance document advising prescription drug manufacturers on how to comply with regulations requiring the presentation of risk…
Blog
Bank Robbers for Transparency!
The news that the Federal Government has forced UBS to give up the details of 4000 of its customers’ transactions has other financial institutions…
Blog
Regulation of the Day 36: Buying American
The $787,000,000,000 stimulus contains a provision requiring the Department of Homeland Security to buy american textiles. Basically, that means TSA uniforms will go up in…
Blog
UBS Deal Only a Partial Victory for the Feds
Today, after a long and protracted battle between the U.S. and Swiss government, Swiss bank UBS AG agreed to turn over the names of at…
Newsletter
The Future of Coal, Rose Friedman and Florida Insurance
Environmental activists try to shut down and limit the use of coal-fired power plants. Economist and author Rose Friedman dies at age 98. Florida’s insurance…
Blog
Regulation of the Day 35: Doctors with Borders
In 49 states, it is illegal to practice medicine outside of the state in which you are certified. Tennessee is the lone state with an…
Overlawyered
July 16 Roundup: Chronicling the High Cost of Our Legal System
Blog
Legal Experts and Civil Rights Commission Attack Obama Health-Care Plan As Unconstitutional
Constitutional law professor Rob Natelson argues that Obama’s health-care plan is unconstitutional in four different ways. The U.S. Commission on Civil Rights…
Blog
Regulation of the Day 34: Diabetic Truckers
It is a violation of federal regulations to “operate a commercial vehicle in interstate commerce” if you have insulin-treated diabetes.
Newsletter
Health Care Compromise, Growing Deficits and a Sugar Shortage
The White House signals a willingness to compromise on health care reform. The federal budget deficit hits $1.27 trillion. Major food companies warn that the…
Blog
Regulation of the Day 33: Pressure-Sensitive Plastic Tape
Ending the levy would “likely to lead to continuation or recurrence of dumping,” so it’s here to stay. Domestic tape producers must be pleased. Consumers,…
Comment
Letter to Securities and Exchange Commission: Reforming Shareholder Director Nominations
Thank you for allowing me the opportunity to submit comments on the proposed rule governing shareholder nominations of corporate directors on behalf of the…
Blog
Tim Carney on State-Level Insurance Protectionism
In one regulated area of the economy after another, it’s exasperating to hear journalists and pundits claim that, “The market has failed,” when in fact…
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