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: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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News Release
Little-Known Regulations Contribute to Cost of Government
Washington, DC, June 19, 2001 — Many American know that they must work, on average, from January 1 to May 3 (Tax Freedom…
News Release
Benefits of Moderate Alcohol Consumption to Get Their Day in Court
Washington, DC, June 11, 2001— The Competitive Enterprise Institute and Consumer Alert will present their case for freedom of speech in alcohol labels…
News Release
Statement from CEI President Fred Smith Regarding New CBO Report on Fannie Mae and Freddie Mac
Washington, DC, May 23, 2001 – The latest figures from the Congressional Budget Office indicating that Fannie Mae and Freddie Mac receive more than $10…
News Release
Washington’s 10,000 Commandments Place Heavy Burden on American Families
Washington, DC, May 21, 2001 — The Competitive Enterprise Institute today released the study 10,000 Commandments: An Annual Policy Maker’s Snapshot of the…
News Release
Public Interest Group Criticizes Attack on OMB Nominee
Washington, D.C., March 13, 2001—The Competitive Enterprise Institute is accusing critics of the Administration’s new Office of Management and Budget nominee, John D.
Op-Eds
Tax Cut Fast Track
Virtually everyone agrees that George W. Bush confronts a rapidly weakening economy as he assumes the presi- dency. Cutting marginal tax rates was at the top…
Op-Eds
Tax Reform Can be Everyone’s Agenda
While the marathon presidential election in Florida grinds to a conclusion, in Washington, D.C., members of Congress returned in lame-duck session to finish up this…
Op-Eds
In Obscurity, Clinton Regime Saves Worst Regulations for Last
Americans have developed a fetish-like fixation on the “first hundred days” of incoming ‘administrations in the era of promise-us-everything politics. They use the honeymoon period…
Op-Eds
With Cheney, Smart Economics in Supply
Richard Cheney, George W. Bush’s choice for running mate, understands that this marvelous “new” economy we enjoy today began with the across-the-board tax-rate reductions…
Citation
Spending on Red Tape is Rising
News Release
10,000 Commandments — New Report Details REAL Cost of Government
Washington, DC, May 9, 2000 – As last minute filers rushed to finish their taxes and write their checks to the government recently, Congress…
News Release
Shadow Insurance Regulation Committee Statement on Regulatory Restructuring
Washington, DC, May 5, 2000 – The Shadow Insurance Regulation Committee concludes that the two main objectives of any restructuring of insurance regulation…
Op-Eds
Gorging on Regulations
Congress is now debating the $1.8 trillion federal budget. While federal spending consumes an awesome 18 percent of nation’s economic product, the official budget at least…
News Release
Shadow Insurance Regulation Committee issues statements on Commercial Insurance Deregulation, Workers’ Comp, and Electronic Comm
Washington, DC, April 19, 1999 – The Shadow Insurance Regulation Committee issued three statements of consensus today, concerning commercial insurance deregulation, workers’ compensation…
Products
Regulatory Budget Check
However controversial the $1.7 trillion federal budget may be, taxpayers know what Washington officially spends in the congressionally approved budget. That places some…
Products
Proposed Regulatory Report Card
Regulatory Report Card Recommended Official Summary Data by Program, Agency, and Grand Total …with 5-year historical…
Op-Eds
Regulatory Cost Balance Sheet
A new report to Congress by the Office of Management and Budget (OMB) finds that health, safety and environmental regulations cost between $174 billion and…
News Release
New Study Provides “How-To” Guide for Regulatory Reform
Washington, DC, February 29, 2000 –A new report released today by the Competitive Enterprise Institute (CEI) called for congressional approval of all major regulations…
News Release
CEI Criticizes ATF’s Proposed Ban On Alcoholic Beverage Health Statements
Washington, D.C., February 23, 2000 – CEI today filed comments urging the Bureau of Alcohol, Tobacco and Firearms (ATF) to withdraw its proposed…
News Release
Clinton Budget Is Not The Full Story
Washington, DC, February 7, 2000 – President Clinton’s new fiscal year 2000 budget proposes to spend $1.84 trillion. While that enormous amount would absorb…
Products
OSHA: The 1970s Meet the 21st Century
The reaction certainly wasn’t what anybody expected, least of all at the Occupational Safety and Health Administration (OSHA). It was a simple letter in…
Study
Regulating Greenhouse Gases: Will EPA Take a Dive?
The International Center for Technology Assessment (ICTA) wants the Environmental Protection Agency (EPA) to regulate carbon dioxide. This fall, ICTA, an anti-technology group…
Op-Eds
A Cowboy Economy?
On recent trips to Europe, I’ve become increasingly aware of a reality disconnect between the way America is and the way we’re viewed…
Study
Federal Reinsurance for Homeowner’s Insurance: Another Capitol Hill Disaster.
Storm clouds over Capitol Hill. House Banking Committee members are teetering on the brink of triggering a mega-disaster this week that is pointed…
Op-Eds
An Antitrust Division Run Amok (Letter to the Editor)
I would have happily signed a letter urging a cap on the Depart ment of Justice’s Antitrust Division budget if I’d been asked [`Hardball and Windows,” op-ed, Oct.
News Release
Shadow Insurance Committee to Meet October 25 to Review Catastrophe Insurance Financing & Redlining Issues
Washington, D.C., October 22, 1999 – The Shadow Insurance Regulation Committee will hold its second meeting of the year at 12 noon on October…
Op-Eds
New Pricing Plans Are Good
This isn’t your father’s telecommunications market. Long-distance pricing was once onesize-fits-all, with high, distance-sensitive rates cast in stone by regulators. Now that is changing, as…
Op-Eds
Tyranny of the Unelected Regulators
Congress passed and the president signed into law 241 bills in 1998. Meanwhile, federal agencies were far busier: They issued 4,899 rules and regulations — 315…
Washington Times
Unchecked Regulatory Creep
Washington Times
Feeding the Green Money Tree
The Clinton-Gore administration continues to thumb it nose at the Constitution by trying to implement a global warming treaty (the Kyoto Protocol) that has not…
Citation
Regulatory ‘Right to Know’
News Release
June 22: Cost of Government Day
“Every year on April 15, million of taxpayers across the country file their 1040 forms, and are outraged at how much they have to send…
News Release
Institute Applauds Supreme Court Decision UpHolding First Amendmen Rights of Advertisers
Washington, DC, June 15, 1999 – The Competitive Enterprise Institute (CEI) applauds yesterday’s Supreme Court decision in Greater New Orleans Broadcasting Association v. United…
Op-Eds
Constitutional Integrity (Letter to the Editor)
A May 24 editorial, “A retreat on clean air,” suggests that holding Congress to the Constitution will make solid environmental protection a “hazy, distant prospect,”…
Washington Times
Who Makes Our Laws? (Letter to the Editor)
Surely Cass R. Sunstein is right that “greater respect for democratic government” is urgent (“The Courts’ Perilous Right Turn,” Op-Ed, June 2). But in his…
Op-Eds
Suburban Development Made Scapegoat for Urban Woes (Letter to the Editor)
The national debate about suburban development spawns many misunderstandings about the real issues. The recent USA TODAY editorial and response by Vice President Al Gore…
Washington Times
Clearing the Air on Regulatory Excess
The Clinton EPAs biggest regulatory victory was turned into its biggest legal defeat last Friday, as the U.S. Court of Appeals for the District of…
Op-Eds
Enemies of the Stasis
Virginia Postrel’s excellent The Future and Its Enemies (Free Press, 1998, 265 pages) details the many ways in which the forces of dynamism conflict with…
Washington Times
High Price of Regulations
Washington Times
Vice President’s Plan to Change Method to Measure GDP (Letter to the Editor)
Michael Evans’ April 6 commentary “Misguided Solution for debtors” did eh:. excellent job of refuting .Vice. President Al Gore’s plan’ to sell the gold reserves…
Study
Free Speech and Alcohol: How Much Is Too Much?
On February 5th, the Bureau of Alcohol, Tobacco, and Firearms (ATF), approved two wine labels containing the following statements: The proud people…
Study
The Simple ABC’s of Regulatory Reform
View Full Document as PDF Streaming out of Washington now are sometimes bizarre regulations covering, among other things; workplace ergonomics, flammability…
Washington Times
Congress Reins in Regulatory Beast
Op-Eds
Unlivable Communities
Vice President Al Gore recently announced a new “livable com munities agenda,” designed to “ensure a high quality of life” by controlling so-called “urban sprawl.” But…
Study
So, What Will This Unfunded Mandate Cost Me?
View Full Document as PDF The $1.77 trillion spending budget President Clinton sent to Congress February 2 tells just part of…
Products
What A Congress
As1998 draws to a close, it’s appropriate to look back at the most significant deregulatory successes that have been achieved during the year. Where should…
Commerce and Industry Association of New Jersey
Wealthier is Healthier
Products
ATF Documents Reveal Ban on Protected Speech
We have previously reported on CEI’s pending lawsuit with the bureau of Alcohol, Tobacco and Firearms (ATF) challenging the constitutionality of the agency’s ban…
Products
Rethinking Insurance Regulation–1998
NATURAL DISASTERS AND CATASTROPHIC…
Study
A Disaster Waiting to Happen: Why Washington Shouldn’t Subsidize Disaster Insurance
This Thursday, April 23, the House Banking and Financial Services Committee will examine H.R. 219, the Homeowners Insurance Availability Act sponsored by Rep. Rick…
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