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
The week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
Search Posts
Citation
A Bold Proposal for FDA Reform
Blog
Unemployment Jumps to 9.8 Percent; Stimulus and New Regulations Wipe Out Jobs
Unemployment has jumped to 9.8 percent. The population has grown recently, but the number of jobs has remained virtually flat. The White House…
Blog
Sunday Brunch in New York City
You can find a lot in New York City that you can’t find anywhere else in the world. But if you’re in New York and…
Blog
Morning Media Summary
Tech: WikiLeaks switches to Swiss domain after attacks: “WikiLeaks was forced Friday to switch over to a Swiss domain name, wikileaks.ch, after a…
Blog
Senate Leaders Violate Constitution in Pushing Through Costly Food Safety Modernization Act
The House and Senate passed different versions of the Food Safety Modernization Act, which would ratchet up costly regulations of farms and food processing. (Greg…
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Homeland Security Violating Due Process and Free Speech In Internet Power Grab?
Law professor David Post notes that the Department of Homeland Security is seizing entire domain names, not to protect national security, but to enforce…
Blog
Colorado to Ban Light & Low-Calorie Beer in Bars?
Next year bars and dine-in restaurants in Colorado might be forced by law to stop selling light, low-calorie, and low-alcohol beers. Any beer…
Blog
Federal Register Hits 75,000 Pages
At its current 327-page per day pace, the 2010 Federal Register would be 81,560 unadjusted pages long.
Blog
Morning Media Summary
Tech: Google To Punish No-Good Sites With Revised Search Ranking: “Google’s method of ranking of search results took a hit last week in…
The Cleveland Plain Dealer
Do You Really Want the IRS to Do Your Taxes?
Appeared In: The Centre Daily, The Cleveland Plain Dealer, Smart Pros, The Sun News, The New Hampshire Union Leader,…
Blog
$7 Billion or More in New Taxes for Virginians Under EPA Mandate
The EPA told Virginia earlier that it would impose costly measures on Virginia Counties, measures so costly that they would result in record property…
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EPA at 40 — Doing an End-Run Around the Legislative Process
The Environmental Protection Agency is 40 years old. It came into being under a Republican president, Richard M. Nixon, and opened its offices on…
Blog
Do You Want the IRS Doing Your Taxes?
The income tax is a pain in the neck. The obvious solution is the simplify the 70,000-page tax code. But some are proposing to have…
Blog
Morning Media Summary
Tech: FCC chairman to propose plan for net neutrality: “The chairman of the Federal Communications Commission plans to announce Wednesday…
Blog
European Commission Should Leave Internet Search Alone
Today, the European Commission opened a formal antitrust investigation into Google to probe allegations that the firm rigged its search engine to discriminate against…
NPR
The IRS’s Proposal to do Your Taxes for You
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CEI Podcast — November 30, 2010: Food Safety, Washington-Style
CEI Senior Fellow Greg Conko looks at the major provisions of the food safety bill that the Senate is voting on today.
Blog
Real Estate Development and Generation Y
Over the Thanksgiving holiday, I came across this article in Urban Land magazine, “Housing Gen Y: The Next Challenge for Cities,” by John McIlwain. In…
Blog
STREET SIGNS WITH ALL CAPS ARE GIVING LOCAL GOVERNMENTS A HEADACHE
The federal government has managed to create a new regulation that will put even more local governments in the red. Apparently, bureaucrats have determined…
Blog
Morning Media Summary
Tech: Christian group asks Apple to reconsider app suspension: “A Christian organization that recently had its Apple iPhone app removed from Apple’s…
Blog
Online Gambling in New Jersey Could Cause WTO Disputes
New Jersey is on the verge of becoming the first state in the U.S. to explicitly legalize online gambling in an attempt to keep…
Blog
Morning Media Summary
Tech: Comcast: Internet service restored after regional outage: “Officials at Comcast Sunday night said they did not know what caused disruptions in its…
Blog
Federal Government Subsidizes Obesity and Wealthy Urbanites
In the Washington Examiner, David Freddoso explains how the federal Department of Health and Human Services spent $766,000 of your tax dollars to help…
Blog
How Property Rights Saved the Pilgrims After the First Thanksgiving
In Reason Magazine, Nick Gillespie and Meredith Bragg write about how the establishment of property rights among the pilgrims made them more “industrious” and…
Blog
A New Course for Wild Tigers
A New York Times editorial highlights a struggle faced by the wild tiger, noting its population is down to approximately 3,200 from a high…
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Morning Media Summary
Tech: Wipeout: When Your Company Kills Your iPhone: “A few weeks ago, Amanda Stanton’s iPhone suddenly went black.” 34% of all malware…
Blog
TSA Roundup
The Thanksgiving travel rush is officially underway.
Blog
Obama Includes Toyota, Hyundai and Kia in 75,000 Jobs “Created” by GM Bailout
This post was coauthored by CEI Research Associate Andrew Kwiatkowski As we write, President Obama and Vice President Biden are doing a victory lap…
Blog
“Model” Foreign Aid Recipient Uses Foreign Aid to Repress Its Citizens
Ethiopia is considered a model recipient of foreign aid by international aid agencies, since it uses much of the aid on its people, rather than…
Blog
CEI Podcast — November 23, 2010: The Crusade Against Alcohol Energy Drinks
Baylen Linnekin, author of the recent CEI On Point "Extreme Refreshment Crackdown: The FDA’s Misguided Campaign Against Alcohol Energy Drinks" looks at the recent push…
Blog
Morning Media Summary
Tech: Facebook censors, cracksdown on breastfeeding photos: “In one of the photos that keeps getting Emma Kwasnica’s Facebook account suspended, the Montreal-based mother…
Blog
Unions’ Shifting Lame Duck and NLRB Agenda
With Democrats losing control of the House of Representatives and a substantial number of seats in the Senate, organized labor’s hopes of seeing its legislative…
Blog
Obesity Letters Assume Parents Can’t See Their Children
A school district in Arizona is implementing a controversial program that has the world talking: they will be weighing students and sending notes home…
Blog
Morning Media Summary
Tech: FCC chief on net neutrality: Trust me: “FCC chairman Julius Genachowski now finds himself caught between unfulfilled promises made to the tech…
Bastiat Institute
No Sense in Maryland’s “Dime-a-Drink” Tax Increase
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GM IPO Raises Billions, But Company Faces Hidden Challenges; Bailout Still Not Repaid
General Motors raised more than $20 billion in an initial public offering (IPO) this week, selling millions of shares owned by the federal government,…
Blog
Regulation of the Day 160: Sleeping in Public
In Roselle Park, New Jersey, it is against the law to fall asleep in public.
Blog
FDA Killing Big Beer’s Competitors
If you saw the movie Beer Wars, which was released last year, you might remember one hard-working entrepreneur featured in the film named Rhonda…
Blog
TSA Regulations Likely Increase Travel Deaths
As air travel becomes increasingly expensive or more inconvenient, travelers on the margin will choose driving rather than flying. For example, the TSA began requiring…
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Morning Media Summary
Tech: House bill would give DHS authority over private sector networks: “A new bill unveiled Wednesday by House Homeland Security…
Blog
Regulation of the Day 159: Playing Chess
"A squad of cops in bulletproof vests" arrested seven men for playing chess in a New York City park.
Blog
Now! In Black and White, the Toyota Hysteria Exemplified!
It’s not “live!” It’s not even “In color!” And there’s no sound. But it’s quite stunning. A surveillance video posted by Fox Chicago News…
Blog
Morning Media Summary
Tech: Sen. Rockefeller: FCC Should Take Fox News, MSNBC Off Airways: “SEN. JAY ROCKEFELLER (D-WV): “There’s a little bug inside of me which…
Blog
Why You Should CARE About the Ban on Four Loko
Late yesterday evening, the maker of Four Loko announced it was removing caffeine from the popular alcohol beverage. This came following media-driven hysteria, state…
Blog
Four Loko Crackdown: FDA Set to Ban Caffeinated-Alcohol Drinks
It looks as though the FDA is now set to ban the small but growing market for so-called alcohol-energy drinks, such as Four Loko and…
Blog
Morning Media Summary
Tech: Internet Explorer 9 Caught Cheating in SunSpider Benchmark?: “A Mozilla engineer has uncovered something embarrassing for Microsoft – Internet Explorer is cheating…
News Release
Small Businesses Not Growing? That’s Because Regulations Are
The U.S. Senate Committee on Small Business and Entrepreneurship will hold a hearing Thursday, November 18, on “Assessing the Regulatory and Administrative Burdens on…
Blog
Online Casino Gambling Moves Forward in New Jersey
As I reported last week, though federal attempts to legalize online gambling have seen little progress in the last year, states’ efforts have shown…
Blog
Morning Media Summary
Tech: 2 Dems claim Arianna Huffington stole website idea: “Two Democratic consultants are accusing Arianna Huffington and her business partner…
Blog
CEI Podcast — November 15, 2010: Free Speech and Video Games
Associate Director of Technology Studies Ryan Radia gives his take on a Supreme Court case concerning California’s ban of violent video game sales to minors.
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