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
Free the Economy podcast: Balancing the budget with Kurt Couchman
In this week’s episode we talk about our 150th episode anniversary party, the documentary Dear Mr. President: The Letters of Julia…
Blog
Stop the snapback: Congress can make small-business deregulation stick
This week, CEI sent a letter to Congress urging the House to pass Rep. Beth Van Duyne’s (R-TX) H.R. 2965, the Small Business…
News Release
CEI supports SCORE Act protecting college athletes’ right to profit
The Competitive Enterprise Institute endorses the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act sponsored by Rep. Gus Bilirakis (R-Fla.), which would ensure…
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Blog
Republican Study Committee Releases 2020 Budget Proposal
Congress is supposed to pass an annual spending budget, though it rarely gets around to it. Instead, the government is usually funded through a mashup…
Blog
Costs of Unequal Treatment of Citizens by Abandoning Negative Rights for a Positive Rights Framework
To many classical liberals (or libertarians), it is primarily the individual’s right of self-defense that is delegated to a government. We cannot unilaterally commence the…
Blog
This Week in Ridiculous Regulations
While Washington’s “This Town” types geared up for the White House Correspondents’ Dinner, the rest of the country flocked to movie theaters for a much…
The Hill
Federal Reserve defies White House and Congress on Banking Regulation
President Trump and the Federal Reserve continue to clash over interest rates, but another simmering dispute concerns the regulatory burden the Federal Reserve and other…
Blog
White House Moves to Strengthen Information Quality Act
The White House Office of Management and Budget on April 24th sent a memo to heads of departments and agencies updating guidelines for implementing the Information Quality…
Blog
New Civil Liberties Alliance Sounds Alarm on Unconstitutional Government
The New Civil Liberties Alliance hosted a very interesting event this week, as part of its “Lunch and Law” speaker series, featuring remarks by Hudson…
Forbes
Here are the Next Executive Orders President Trump Should Issue on Regulatory Reform
What's next for oversight and streamlining of federal regulations? On April 11, 2019, the Office of Management and Budget's (OMB) Acting Director Russell Vought issued…
Blog
This Week in Ridiculous Regulations
The Notre Dame cathedral in Paris caught fire and sustained heavy damage. The rebuilding will likely take years, though people began politicizing it almost instantly.
Blog
Blocking the T-Mobile-Sprint Merger: Competition, Rent-Seeking, and Uncertainty
Nationwide 5G networks are coming. They will expand possibilities for everything from smartphone applications to GPS to streaming video, and will enable new technologies that…
Blog
Shed Light on Cryptocurrency ‘Dark Matter’ Regulation at SEC
A few days ago, the Trump administration issued a memorandum strongly discouraging what the Competitive Enterprise Institute’s Wayne Crews has called “regulatory dark matter.” The…
DOJ
Deputy Associate Attorney General Stephen Cox Gives Remarks to the Cleveland, Tennessee, Rotary Club
Deputy Associate Attorney General Stephen Cox cited CEI’s publication, 10kc, by Vice President for Policy Wayne Crews. It is hard to fathom how…
Blog
This Week in Ridiculous Regulations
In a remarkable human achievement, scientists took the first-ever image of a black hole. The effort took eight telescopes on five continents, five petabytes of…
News Release
OMB Guidance on Major Rules & Regulatory Dark Matter is a Real Step Toward Stopping Regulatory Abuses
The Office of Management and Budget (OMB) yesterday released new guidance re-asserting the requirement that agencies submit major notice-and-comment rules and certain major sub-regulatory guidance…
Blog
This Week in Ridiculous Regulations
The news cycle was more sizzle than steak last week. President Trump threatened to shut down the southern border and backed off almost immediately, so…
Blog
This Week in Ridiculous Regulations
Pundits spent the week engaging in mortal combat over the Mueller Report, which none of them have read, and spring officially sprung with baseball’s opening…
Blog
This Week in Ridiculous Regulations
As tempers flared over how many “chuggas” to say before “choo-choo,” the 2019 Federal Register topped the 10,000-page mark last week and the number of…
Blog
Regulation and Neglected Costs of Authoritarianism and Over-Criminalization
Corrupt government and authoritarianism have been the historical rule rather than the exception. The U.S. Constitution’s elevation of individual rights and restraints on governmental power…
Blog
This Week in Ridiculous Regulations
President Trump has declared passing the new NAFTA/USMCA as his top legislative priority, but congressional ratification will not be automatic. Mexico and Canada are also…
Blog
Regulatory Costs of Delegating Lawmaking Power to Executive and Unelected Administrators
The administrative state, blessed by Congress, has dispensed with the Founders’ system of legislation fashioned solely by an elected body. Regulatory reforms call for holding…
Blog
This Week in Ridiculous Regulations
Last week was low-drama by recent standards, but still had some important developments. The U.S. trade deficit set a record for the second year in…
Forbes
Warning Signs: How Trump’s Ascendant Regulatory Impulses Could Swamp His Deregulatory Program
President Donald Trump has pruned rules and costs and held down regulatory output with more enthusiasm than other presidents. But on the flipside of Trump’s controversial regulatory savings, Trump sports regulatory…
Blog
The Regulatory Costs of Abandoned Federalism
The deterioration of the principle of separation of powers is a signature feature of the powerful federal Administrative State. This corrosion is accompanied by a…
The Hill
Congressional Review Act Rises Again!
The Hill cited Vice President for Policy and a Senior Fellow Wayne Crews on regulatory dark matter. This problem increases considerably when you…
The Cato Institute
Bloomberg Unwittingly Vindicates Stigler
The Cato Institute cited Vice President for Policy and a Senior Fellow Wayne Crews on the Trump administration and regulatory reform. Thankfully, we…
Blog
This Week in Ridiculous Regulations
The Michael Cohen hearing shenanigans gobbled up the headlines, but actual substantive news happened regarding talks with China and North Korea—in particular, a planned tariff…
The Daily Signal
VIDEO: Hope for an Overregulated Nation
Senior Fellow Wayne Crews joined “The Bill Walton Show” on the Daily Signal to explain how to return the U.S. to the path of greater…
Blog
Costs of Regulatory Takings and Property Value Destruction
Takings issues noted here are just the beginning of government neglect of the institution of private property, notable especially in emergent sectors. But the disdain…
Blog
This Week in Ridiculous Regulations
The federal government was on a four-day work week in honor of George Washington’s birthday, but agencies still found time to issue regulations ranging from…
Blog
VIDEO: You’ve Come a Long Way, Regulatory Reform
Our friends at the American Enterprise Institute are doing a great job leveraging their many decades of experience in Washington, D.C. They've been raiding their…
Blog
Regulatory Costs and the Loss of Liberty
From classical liberal and individual rights perspectives, the administrative state is an affront to liberty almost by definition.
Blog
This Week in Ridiculous Regulations
Congress and President Trump passed a spending bill to avoid another shutdown, but President Trump’s national emergency declaration over a non-emergency provides a troubling precedent…
Blog
Unmeasured Meta-Costs of the Administrative State
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discuss some of the…
News Release
CEI Report Calls for Elimination of EPA’s Flawed Integrated Risk Information System
A new report released today by the Competitive Enterprise Institute (CEI) shows EPA’s Integrated Risk Information System (IRIS) has significant problems with methodology, relies on…
Study
EPA’s Flawed IRIS Program Is Far from Gold Standard
Environmental activists claim that the U.S. Environmental Protection Agency’s Integrated Risk Information System (IRIS) represents the gold standard for risk assessment.[i] In…
Blog
This Week in Ridiculous Regulations
The delayed State of the Union speech happened on Tuesday, but contained no surprises on the policy front. The length of the Federal Register doubled…
News Release
CFPB Starts Rollback of Flawed Payday Loan Rule
Today the Consumer Financial Protection Bureau announced plans to roll back its controversial Obama-era rule against payday lending. CEI financial policy expert Daniel Press welcomed…
News Release
America’s Economic Revival Has Been Based on Environmental Deregulation and Increased Energy Production
Tonight, President Trump delivered his State of the Union address from the well of the House Chamber at the U.S. Capitol, focusing on topics including…
Blog
Administrative Procedure Act Limitations: Process and Oversight Shortcomings
The Administrative Procedure Act of 1946 (APA) set up the foundation of the public consultation rulemaking procedure. Part one of this two-part glance at APA…
Fox Business
Trump’s State of the Union Address in Five Words
He need only focus on five words to convey his vision: less regulation and less dependency in America.
Fox News
Super Bowl – Here’s Why it’s a Big Deal That You Can Place Your (Legal) Bets on the Big Game
For the first time since 1992, Americans outside of Nevada can legally wager on the outcome of the Super Bowl. This comes thanks to a recent…
Blog
This Week in Ridiculous Regulations
The Midwest froze, but the Federal Register began to heat up. As I predicted earlier, the first three post-shutdown editions were slow. Then Thursday’s edition…
Blog
A Brief Outline of Undisclosed Costs of Regulation
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discussed checks on the…
Forbes
Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State
Bloated by Congress’s delegation of most lawmaking, the Administrative State sits in America’s middle seat with its elbows out.
Blog
Administrative Procedure Act Limitations: Cost Measurement and Disclosure
U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and…
Blog
The Shutdown Is Over: How Does that Affect Regulation?
During the partial shutdown, the Federal Register slowed to a crawl. Published every weekday, an average day’s edition consists of about 270 pages and contains…
Blog
This Week in Ridiculous Regulations
The partial shutdown ended on Friday, though only on a three-week deal. This likely will not show up in the Federal Register’s page and rule…
Reason
Georgia’s ‘Mimosa Mandate’ Is a Victory for Alcohol Freedom
Reason cited Senior Fellow Michelle Minton on alcohol regulations: Why stifle alcohol sales when they’re clearly the miracle elixir society needs? Michelle Minton…
Newsmax
Don’t Let Red Tape Stunt Innovative Cryptocurrency
As cryptocurrency and the associated blockchain celebrate their tenth birthdays, the new “Free to Prosper” agenda for the 116th Congress — published by my…
Blog
What If Trump’s Regulations Exceed His Regulatory Rollback Savings?
President Donald Trump has pruned rules and costs at a quicker pace than other presidents. But could his other policies torpedo that?…
Blog
This Week in Ridiculous Regulations
Last week, people got worked up over hamburgers and a television commercial about razors. Meanwhile the partial federal shutdown continued, and a bill to introduce…
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