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: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
Search Posts
Blog
Federal Register Hits 50,000 Pages
And it's on pace to hit a near-record 80,447 pages.
Blog
Radical Capitalism: A Noble Experiment We Ought to Try
Earlier this month, Bloomberg published an article by Boston University economist Larry Kotlikoff in which he declared that the U.S. was bankrupt and headed…
AOL News
The FDA’s Deadly Overcaution
In the past two months, there've been news accounts of two major diagnostic advances in medicine. One involves a far more efficient HIV detection…
Blog
Regulation of the Day 146: Airplane Child Seats
The NTSB wants to throw away 50 lives to save an estimated 1 or 2 lives.
Blog
Yandle: Everyman’s Deficit
Clemson University economist Bruce Yandle has published a new paper that compares the federal government’s spending habits with that of the average family. Yandle…
Blog
The Dangerous Minds of Urban Planners
Since the U.S. Supreme Court’s 2005 Kelo v. New London decision, significant attention has been paid to the way government interacts in the property…
Blog
Government Spends Billions Bailing Out Foreign Firms and Countries, and Replacing American Jobs With Foreign Green Jobs
Our government spent as much money bailing out foreign firms as some countries spent on stabilizing their entire financial system. Much of the money…
Blog
Government-Sanctioned Lying and Reparations Increase National Debt: The Pigford Class Action
There are only 36,697 black farmers in the entire country, but in a class-action lawsuit, more than 86,000 African-Americans claimed to have suffered…
Blog
Financial “Reform” Harms Farmers, While Leaving Corrupt Government-Sponsored Mortgage Giants Unreformed
Farmer Betsy Jensen explains how the so-called financial “reform” bill signed by President Obama will harm agricultural markets, and thus farmers, in today’s New…
Blog
Oh, the Horror! Budget Cuts Mean Pampered Artists Get Less Government Money to Insult Taxpayers
Thanks to budget cuts under England’s new Conservative coalition government, “London may no longer be ‘a beacon for controversial pieces’ such as last year’s…
Blog
Why Mortgage Giant Freddie Mac Is Getting a Bailout: Costly Obama Policies and Giveaways
Earlier, I wrote about mortgage giant Freddie Mac’s demand for $1.8 billion more in bailouts. Why does it still need more bailout money, when…
Blog
House Panel Releases Ethics Charges Against Rep. Maxine Waters
A House ethics panel has released the charges against left-wing firebrand Rep. Maxine Waters (D-Calif.) arising out her shady dealings with OneUnited Bank. (Her…
Blog
Government-Sponsored Mortgage Giant Seeks $1.8 Billion More in Bailouts
Mortgage giant Freddie Mac is seeking $1.8 billion more in bailouts from the federal government. This mortgage giant, and its sister company, Fannie Mae,…
Blog
Obama Justice Department Uses Americans with Disabilities Act to Harm the Disabled, Risk Lives, and Undermine Safety
“Amazon.com . . . tried to sell a talking Kindle reader, but” the Justice Department “said it couldn’t because the button to make the…
Blog
CEI Weekly: Lessons from the Ma Bell Era
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's Ryan Radia in his film on the history of…
Newsletter
Kagan Confirmed, Ford Motor’s Finances and Critiquing Obama’s Economic Policy
The U.S. Senate confirms Elena Kagan to be the next member of the Supreme Court. President Obama announced a $250 million government loan to Ford…
Blog
131,000 Jobs Lost in July; Obama Aide Abandons Ship; Economists Criticize Obama; More Bailouts
“Non-farm job losses hit 131,000 in July,” on top of a loss of 97,000 jobs in May and June. Another Obama economic advisor is…
Blog
Fumento on Neil Cavuto tonight on Toyota
I’m scheduled to be the lead guest on Neil Cavuto on the Fox Business Channel at 6pm tonight. Subject: The news that NHTSA is withholding…
Blog
Manuel “Muso” Ayau RIP
Manuel Ayau, known by his many friends and admirers as “Muso,” passed away early this morning, in his native Guatemala — a country he loved and…
Blog
Missouri Voters Overwhelmingly Reject ObamaCare’s Individual Mandate in Referendum
“Missouri voters on Tuesday overwhelmingly rejected a federal mandate to purchase health insurance, rebuking President Barack Obama’s administration and giving Republicans their first political…
Blog
Left-Wing Politician Faces Ethics Charges for Improperly Using Influence to Aid Bank
Rep. Maxine Waters (D-Calif.) is facing ethics charges after she improperly used her influence to get special favors from regulators, and costly taxpayer bailouts,…
Blog
The Environment is a Luxury Good
One of the central insights of Free-Market Environmentalism is that people treat the environment as a luxury good. They are willing to pay for it…
Newsletter
The Politics of Booze, Challenging Obamacare and “Paycheck Fairness”
Beer wholesalers have been throwing massive amounts of money at Washington. A federal judge in Virginia allows the state’s lawsuit against Obamacare to proceed. The…
Blog
Regulation of the Day 145: Unregistered Chariots
King Tut's chariot is now on exhibit in New York, but not without incident. Officials demanded to see its VIN before Allowing it in the…
Blog
Paycheck Fairness Act Would Mandate Equal Pay for Unequal Work
The Obama administration wants to force employers to pay some people equal amounts for doing unequal work, through a deceptive bill known as the Paycheck…
Blog
Judge Lets Virginia Challenge ObamaCare’s Individual Mandate, Refusing to Dismiss Lawsuit
A federal judge in Virginia has allowed the state’s lawsuit challenging the federal individual health care mandate to proceed: “A judge on Monday…
Blog
In defending Kagan, Media Matters embraces Bush Justice Department
Well, who woulda thunk it?! George W. Bush’s Justice Department is now considered a citadel of wisdom by the legal eagles at the liberal Media…
Blog
Give & Take: Fifth Amendment Complicates Net Neutrality
Opponents of net neutrality, including the Competitive Enterprise Institute, have pointed to numerous grounds upon which the detrimental scheme could be challenged. These…
Blog
CEI Weekly: The History of Environmentalism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's RJ Smith in his own short film on the…
Newsletter
Online Gambling, Offshore Drilling and the Complexity of Obamacare
The House Financial Services Committee passes the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. Today the House of Representatives will vote on an energy…
Blog
Understanding the Health Care System
Check out this flow chart of what the health care system will look like once Obamacare is implemented.
Blog
A tort reform advocate’s dream, my article in Forbes.com
It’s a tort reform advocate’s dream–meaning a defendant’s worst nightmare. As I write in my Forbes.com article, “California Trial Lawyers Find A Geezer Goldmine,”…
Blog
Jim Hood: Another of the Nation’s Worst State Attorneys General
Mississippi Attorney General Jim Hood has a truly awful record, as today’s Wall Street Journal notes, citing his links to trial lawyers who tried…
Blog
Bill to Regulate Political Speech Fails
It was mostly Democrats who favored the DISCLOSE Act. But Republicans are no heroes on this issue. Don't believe their posturing.
Blog
Regulation of the Day 144: Underage Senior Citizens
Bob Russ is 66 years old. He was denied entry to the Oregon Brewer’s Festival because he lacked a valid photo ID to prove he…
Blog
America’s Worst State Attorney Generals Exposed; Consumers and Businesses Ripped Off
The nation’s worst state attorney generals use lawsuits as a weapon to redistribute billions of dollars from businesses and consumers to their wealthy trial-lawyer friends…
Newsletter
Online Privacy, Food Safety and Unemployment Benefits
The Senate Commerce Committee prepares for a hearing on consumer online privacy. Environmental groups sue to compel the Food and Drug Administration to ban the…
AOL News
Financial Overhaul Just Another Case of Government Overreach
Blog
Who is Elizabeth Warren and why does Big Labor Love Her?
The Dodd–Frank Financial Regulation Bill, which President Obama signed today, created yet another Czar to head yet another Executive Agency, the…
Blog
CEI Weekly: The Nation’s Worst Attorneys General
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Hans Bader's newest study on the worst attorneys general in…
Blog
Automakers Face Potentially Massive Race-Discrimination Class-Action Lawsuit Thanks to Obama Administration
“Decisions on which car dealerships to close as part of the auto industry bailout — closures the Obama administration forced on General Motors and Chrysler…
Newsletter
Congress’ Confidence Level, Attorneys General Gone Wild and Liberating Wine Sales
A recent poll found that only 11% of Americans have confidence in Congress. CEI releases a report on America’s worst state attorneys general. New York…
Blog
The Nation’s Worst State Attorneys General
The nation’s worst state attorneys general abuse the power of their office for political ends, undermining the rule of law. In…
Blog
Public’s confidence in institutions at odds with Administration’s and Congressional attacks
In a new Gallup poll on confidence in institutions, Congress ranked last out of 16 institutions consumers were asked to consider. Only 11…
Blog
Richard Blumenthal Rated Second-Worst Attorney General in America
Connecticut Attorney General Dick Blumenthal has just been rated the second-worst state attorney general in America by the Competitive Enterprise Institute in its recent…
Blog
President Obama Signs Dodd-Frank Financial “Reform” Bill: 2315 Pages of Special-Interest Payoffs
President Obama today signed into law the Dodd-Frank financial “reform” bill, the “most sweeping overhaul of U.S. financial market regulations since the Great Depression.”…
Blog
Phony “Toyota deaths database.” My article in Forbes magazine
In the Toyota witch hunt, nothing has been more damning than those deaths we’re told Toyota sudden acceleration “allegedly caused” or, depending on whom you…
Newsletter
Elena Kagan’s Nomination, Obama Signs Financial Regulation Bill and Defending the Right to Work
The Senate Judiciary Committee approves the nomination of Elena Kagan to the U.S. Supreme Court. Today President Obama will sign recently-passed financial regulation bill into…
AOL News
Obama’s Latest Monstrosity
The 2,315 page Dodd-Frank financial regulation bill that President Obama will sign today should not be called “financial reform.” Instead the bill, which…
News Release
Lift Government Barriers to Encourage Competition and Innovation
Washington, D.C., July 21, 2010—Tomorrow the Senate Commerce Committee will mark up the “America COMPETES Act,” possibly adding an amendment that would create a 15-member…
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