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 Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…

Blog
The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.

Blog
The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…
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Citation
Green, Free-Market Groups Decry ‘Midnight Regs’
Op-Eds
Obama vs. Clinton
Ever since the economy emerged as the top campaign issue, Barack Obama has developed two basic messages. One is that the deregulation John McCain…
Citation
In Bush’s end-game, lots of changes on environment
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Spitzer and Sarbox Were Deregulation?
News Release
Conservation and Free-Market Groups Call for Regulation Moratorium
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Newsletter
Internet Censorship, Reforming Fannie and Freddie and Free Trade with Colombia
American tech companies announce new guidelines for doing business in nations threatened by censorship. Lawmakers urge embattled mortgage giants Fannie Mae and Freddie Mac to…
Citation
the origins of the mortgage crisis
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an economic policy agenda for the next president
Citation
Free Market Groups Launch Website to Move “Beyond Bailouts” Toward Fiscal Solvency
News Release
Free Market Groups Launch BeyondBailouts.org
As the economy continues to adjust to the credit crunch, CEI and NTU partner to fight for real financial reforms, not reckless spending.
Op-Eds
Government’s “10,000 Commandments” Cost Americans More than $1 Trillion
Federal regulations cost Americans almost as much as the income tax and more than 40 percent of all federal spending, according to “Ten Thousand…
Citation
Proprietary Products Boost NAIC Budget’s Bottom Line
Citation
Bailout drama fuels debate on regulation of insurance
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NAIC oversight of AIG
Study
Facts About the AIG Collapse: A Response to the NAIC
Full Document Available in PDF Following the collapse…
Citation
Ecuador taking control of more mining concessions, Petrobas oil field
Op-Eds
Ecuador Should End WFT Double-speak
In the midst of congratulating the Ecuadorian government on its landmark decision to eliminate the proposed 70 percent windfall tax on mining…
Citation
The Costs of Federal Regulation
Op-Eds
Oil Speculators ‘R’ Us
Those dastardly speculators! As well as oil company CEOs, traders in commodity futures have become convenient whipping boys for politicians of both…
Newsletter
Fewer New Laws, Disability Regulations and Bottled Water Bans
The current Congress has passed the fewest number of new laws in twenty years. The U.S. Justice Department finds that more than 100,000 apartments in…
Newsletter
Day Laborers in LA, Nuclear Power and Corporate Finance
Los Angeles lawmakers require home improvement stores to construct shelters for day laborers who wait for work in their parking lots. Electricity provider Constellation Energy…
Study
Airline Deregulation
If the government deregulates the grid and transitions toward a market solution, the benefits of flow deregulation will increase, and costs for air travelers will…
Op-Eds
Sarbanes-Oxley Challenge Is Rooted in Law’s Flaw
Re: Jane Bryant Quinn’s column, “Accounting Cleanup Board Is Facing a Gutting’’ (July 16): In her attack on our constitutional challenge to the Sarbanes-Oxley Act…
Newsletter
Global Warming Allergies, Change at the SEC and Accounting for the Cost of Government
Global warming gets blamed for an increase in allergies. Paul Atkins steps down as Commissioner of the U.S. Securities and Exchange Commission. Taxpayer advocates observe…
Op-Eds
A ‘Hidden Tax’ Of Rules Hits Economy
Regulatory compliance now costs of $1.16 trillion, higher than Canada's entire 2004 GDP—that's a knock-out blow to the economy…
News Release
SEC Commissioner Earns Praise for Service to Investors, Entrepreneurs
On Aug. 1, Paul S. Atkins ended his six-year term as Commissioner of the U.S. Securities and Exchange Commission. Competitive Enterprise Institute President Fred…
Newsletter
Costs of Regulation, FDA Reform and Global Warming Skepticism
The House Small Business Committee hears testimony on the costs of federal regulation. Patient advocates urge lawmakers to pass legislation forcing the Food and Drug…
Newsletter
Whole Foods Merger, Ethanol’s Impact and Health Savings Accounts
A federal court calls into question the recent merger of Whole Foods and Wild Oats natural food stores. South Asian leaders meet to discuss food…
News Release
Congress Examines Burdens of Federal Regulation
Today members of the House Small Business Committee are hearing testimony on the burdens of federal regulation and the need for reform. Wayne Crews, Vice…
Cafe Hayek
Regulation by Markets, Not by Bureaucrats
Real Clear Markets
Corporate Welfare for XM/Sirius Competitors?
After a year's delay, Federal Communications Commission (FCC) Chairman Kevin Martin blessed Sirius Satellite Radio’s buyout of its competitor, XM. Martin is just one of…
Real Clear Markets
the cost of federal regulation
TRIB Live
Ten Thousand Commandments and Government Regulations
Newsletter
Expensive Regulations, Fannie Mae Bailout and Baseball Stadiums
Americans for Tax Reform marks the annual “Cost of Government Day.” Plans to spend billions of taxpayer dollars to rescue mortgage companies Fannie Mae and…
Newsletter
Banking Crisis, Globalization and Internet Poker
Federal officials charge that a letter from Sen. Chuck Schumer sparked the run on deposits that triggered the second-largest bank collapse in U.S. history this…
News Release
Cost of Gov’t Day Includes $1.16 Trillion in Regulations
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Newsletter
The Cost of Government, Cell Phone Fees and the Housing Bailout
American for Tax Reform prepares to observe “Cost of Government Day.” Verizon settles a lawsuit over its “early termination” fees for mobile phone customers. The…
News Release
Cost of Federal Regulation Grew to $1.16 Trillion
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Study
Ten Thousand Commandments
CEI's Annual Snapshot of the Federal Regulatory State…
Products
CEI Planet: April – May 2008
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: The New…
Newsletter
The FCC Goes Local, Economic Woes and Gun Rights
Senators express concern over proposed FCC localism regulations. The U.S. economy avoids recession status with modest growth in the first quarter of 2008. A federal…
TRIB Live
Cementing Ecuador’s Poverty by Decree
During my pro-mining mission to Ecuador weeks ago, I visited the Tres Chorreras exploration project and witnessed how a single company can…
News Release
“Future of the Internet” at Stake in Senate
Tomorrow the Senate Commerce Committee assesses “The Future of the Internet.” Among the most controversial issues is proposed federal regulation of broadband network…
Op-Eds
Police Those Credit Cards
The burdensome, patronizing, new credit card regulations proposed in the wildly misnamed “Credit Cardholders Bill of Rights” will hurt just about every…
News Release
CEI Takes on Unconstitutional Agency in Court
Today, as Americans scurried to get their tax forms into the IRS, the D.C. Circuit Court of Appeals heard arguments about another agency that…
Newsletter
Financial Regulations, Greenhouse Gases and Microsoft’s Bid for Yahoo
The Treasury Department’s “blueprint” for overhauling financial regulation faces strong opposition. State governments across the country pledge to reduce greenhouse gas emissions. News Corp. considers…
News Release
New Financial Regulations Will Expand Bureaucracy
In a new study released this week, Competitive Enterprise Institute scholars size up the Treasury Department’s recent proposal to restructure the way…
Newsletter
The Fed, Biotech Crops and Mortgage Bailouts
Treasury Secretary Henry Paulson officially announces a plan to reform oversight of financial markets. Research into genetically modified crops gets a boost in India. President…
Newsletter
Paulson’s Plan, International Competition and New Leadership at FTC
Treasury Secretary Henry Paulson’s plan to reform oversight of financial markets sparks intense debate. U.S. capital markets lose ground to international competitors. President Bush appoints…
News Release
CEI Opposes Broad New Powers for Federal Reserve
Treasury Secretary Henry Paulson today unveiled a plan for restructuring the federal role in regulating financial institutions. The blueprint contains good recommendations on…
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