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 rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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…
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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…
News Release
Extending Unemployment Benefits Will Increase Unemployment, Hurt Economy
Washington, D.C., July 21, 2010—The Senate today approved an extension of federal unemployment benefits to a maximum of 99 weeks. This move is likely to…
Newsletter
National Security, Federal Red Tape and Private Government in Florida
The Washington Post reports that 854,000 people have top-secret security clearances. The Federal Register for 2010 now exceeds 40,000 pages. Just outside of Florida’s Walt…
Blog
Federal Register Hits 40,000 Pages
The Federal Register’s page growth has been accelerating as the year has progressed. It is currently on pace for 76,536 pages.
Blog
Senate Passes Financial “Reform” That Leaves Corrupt Bailout Recipients Unreformed, While Harming the Public
Yesterday, the Senate passed a so-called financial reform bill by a vote of 60-to-38, making it all but certain to become law. The bill…
Blog
Earthquake Hits Washington, D.C. Area; Politicians Seek to Expand Bailouts and Subsidize Earthquake Insurance
A mild earthquake hit the Washington, D.C. area this morning at around 5 a.m. It broke a jar of grapefruit marmalade that fell…
Newsletter
Financial Regulation, the Gulf Oil Spill, and Privacy on Facebook
Congress passes the Dodd-Frank financial regulation bill. The New York Times chronicles the economic fallout from the BP oil spill. Pundits argue that Facebook is…
Blog
No, NHTSA didn’t blame all Toyota’s troubles on driver error
I can’t count how many people sent me items about how NHTSA says the whole Toyota Tempest has now been determined by the government to…
Blog
CEI Weekly: The Lady Gaga Economy
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' op-ed in The Daily Caller entitled "The Lady…
Citation
Financial Reform Bill: Bureaucratic Absolutism
Op-Eds
More Muscle for Big Merchants
It’s usually not that easy for big retail chains to win battles on Capitol Hill — particularly if they are trying to secure a benefit…
Blog
Dodd-Frank is not “financial reform,” it’s more Big Government lunacy
The 2,315 page Dodd-Frank financial regulation bill should not be called “financial reform.” Instead, it should be called what for what it is: pages and…
Op-Eds
Obama’s New Financial Regulation Bill Strangles America’s Economy with Red Tape
The 2,315 page Dodd-Frank financial regulation bill that passed the Senate 60-39 on Thursday and will be signed by President Obama next week should not…
Op-Eds
Who Won Big in the Financial Bill – More Muscle for Big Merchants
It’s usually not that easy for big retail chains to win battles on Capitol Hill — particularly if they are trying to secure a benefit…
Op-Eds
Dodd-Frank is not “Financial Reform,” it’s More Big Government Lunacy
The 2,315 page Dodd-Frank financial regulation bill should not be called “financial reform.” Instead, it should be called what for what it is: pages and pages of…
Letters
Senate Should Reject Dodd-Frank
Full Document Available in PDF The so-called financial “reform” legislation, agreed to by House and Senate Democrats in Conference, and…
Blog
Abolish Law School, Keep the Bar Exam
Elizabeth Wurtzel argues that the bar exam should be abolished because many illustrious lawyer-politicians flunked it on their first try. I disagree. Passing the…
Blog
EPA, Not Jones Act, Blocked Dutch Skimmers
It was apparently the EPA, not the Jones Act, that blocked Dutch skimmers from cleaning up the oil spill in Louisiana in late April:…
Letters
Double Taxation Working Group
Full Document Available in PDF We are writing to express our appreciation for your efforts to protect Americans from tax increases that…
Newsletter
Financial Regulation, Immigration and Climate Legislation
The Senate prepares to vote on a financial regulation bill. A Heritage Foundation report finds that deportation of undocumented immigrants has fallen during the Obama…
News Release
Privatize American Cities? Learning Lessons from Disney’s Experiment with “Private” Government
Washington, D.C., July 14, 2010 – Would governments do a better job of governing if some were privatized? A new case study by the Competitive…
Blog
Bank Failures Rise; Banks Shuttered at a Faster Rate in 2010 Than in 2008 and 2009; Financial “Reform” Adds to Banks’ Woes
“This past Friday, the Federal Deposit Insurance Corporation (FDIC) shuttered another four US banks,” notes Neil Hrab in the Washington Examiner. “That makes 90…
Blog
Cell Phones Don’t Cause Cancer
Over at the Daily Caller, I debunk the fear that long-term cell phone use can cause brain tumors.
Blog
Readers Contest Factcheck.Org’s “Oil Spill, Foreign Help, and the Jones Act”
FactCheck.org argued that the Jones Act, which ordinarily bans both foreign ships and foreign crews from working in U.S. waters, did not interfere with foreign…
Citation
With Debt, Deficit Come More Red Tape
Newsletter
A Beer Stimulus, Comcast Merger Questions and Urban Beekeeping
A proposed “Beer Stimulus Bill” would reduce the federal excise tax that small brewers must pay. Yesterday lawmakers conducted a field hearing questioning “Who Benefits?”…
Blog
New “stimulus plan” brewing in Congress
It is actually less of a “stimulus” plan and more of a “get government out of the way and stop inhibiting growth” plan. A bi-partisan…
Blog
In Defense of Urban Beekeeping
Beekeeping is an ancient human practice, with some anthropological evidence suggesting that primitive forms of honey bee domestication go back more than 4,000 years. Apiarists…
Blog
“Cell Phone Fear in San Francisco,” my article in Forbes.com
The king is dead. More accurately, Larry King is hanging up his suspenders after 25 years on TV interviewing essentially everybody who was anybody. His…
Blog
Automakers’ new problems – vampires and bears
Toyota complaints keep pouring in to the National Highway Safety Administration, and some are pretty darned bizarre. But most are less so than a Colorado…
Newsletter
EPA’s Gangster Style, LibertyWeek Turns 100 and Comparing BP to Enron
The Environmental Protection Agency and the National Highway Traffic Safety Administration gain the auto industry’s support for new fuel economy standards. The LibertyWeek podcast records…
Newsletter
Federal Spending, Free Trade and the Regulation Round-up
The House of Representatives passes a non-binding resolution to limit government spending. The Obama White House belatedly discovers the virtues of free trade. For those…
Blog
Friday Regulation Roundup
If you have ever been in a duel, you are ineligible to vote in Mississippi, plus more.
Blog
The Rahn Curve
A little government can do a lot of good. A lot of government can do little good.
Blog
140 New Regulations in Florida
New labeling rules for horse meat intended for human consumption, plus more.
Blog
Liberal Senators Make False Claims About Supreme Court’s Ruling in Ledbetter v. Goodyear, During Kagan Confirmation Hearings
Liberal Senators like Ben Cardin (D-Md.) and Dianne Feinstein (D-Calif.) are peddling fables about a Supreme Court ruling, Ledbetter v. Goodyear Tire & Rubber Co.
Blog
USA prevents effective oil spill cleanup
As readers may recall, a brouhaha erupted three summers ago concerning BP’s planned expansion of its Whiting Refinery near Chicago, Illinois. BP had…
Blog
For Whom the Dell Tolls
Less than fifteen years ago, Dell computers were the hot desktop brand. In a rapidly growing market, Dell developed a unique business model which…
Blog
Supreme Court Dooms Chicago Gun Ban; Obama Judicial Nominees Oppose Gun Rights; Religious Clubs Lose First Amendment Case; Removal of High-Ranking Bureaucrats Made Easier
The Supreme Court doomed Chicago’s handgun ban Monday by ruling 5-to-4 that the Second Amendment applies to state and local governments…
Newsletter
Online Gambling, Leadership in Business vs. Politics and Corporate Accounting
The State of California is working to (partially) “legalize” online gambling. Former congressman Mickey Edwards writes on the qualities of…
Citation
Court Ruling ‘Another Reason to Vote no on Dodd-Frank’
Citation
Oversight law survives Supreme Court Battle
Citation
Supreme Court’s SOX Decision May be Non-Event for IT
Op-Eds
Is Scott Brown a Game-Changer on the Financial Bill?
A Yogi-ism for Congress: “It ain’t over until both houses of Congress vote for an identical bill and send it to the president’s desk…
Citation
Supreme Court Sarbanes-Oxley Decision
Citation
Supreme Court SOX Ruling Has IT Implications
News Release
Supreme Court Strikes Down Key Sarbanes-Oxley Provisions
Nearly five years ago, CEI and accountant Brad Beckstead began to discuss mounting a constitutional challenge to Sarbanes-Oxley’s Public Company Accounting Oversight Board (PCAOB). The…
Blog
Liquor store privatization on tap in WA
In Washington state’s November election ballot will have a very interesting twist: dueling initiatives to privatize the state-run liquor stores: Washington Privatize State Liquor Stores…
Blog
CEI Weekly: Kozinski Brings Down the House at CEI’s Annual Dinner
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the press coverage surrounding CEI's 26th annual dinner, including Judge…
Blog
Regulation of the Day 143: Your Bedtime
In Japan, your bedtime is official government business.
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