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: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
Blog
From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
Blog
This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
Search Posts
Study
A Partial Eclipse of the Administrative State
Deterioration of checks and balances via regulatory overreach and over-delegation by Congress to agencies are central to most modern critiques of the administrative state. Less…
Yogonet
The American Gaming Association Testifies On US Sports Betting
Yogonet cited CEI on sports betting regulations. The American Gaming Association (AGA) today informed the House representatives that “no additional federal engagement…
Stiffs and Georges
Federal Sports-Betting Regulation Bombs
Stiffs and Georges cited CEI on sports betting regulations. At least one woman was treated with respect yesterday on Capitol Hill and that was the American Gaming…
Blog
This Week in Ridiculous Regulations
It was a busy week in the political world, from the bitter Supreme Court controversy to President Trump’s UN speech, to tariffs on $260…
Small Business Trends
NLRB Proposes Rule Change To Restore Joint Employer Standard
Small Business Trends cited CEI’s Policy Analyst Trey Kovacs on NLRB proposed rule change. Labor policy analyst Trey Kovacs of The Competitive Enterprise…
Reason
New FAA Reauthorization Bill Tackles Seat Size, Supersonic Jets
Reason cited CEI’s Senior Fellow Marc Scribner on Congress aviation reform. “From our perspective, this is the most forward-leaning language from Congress on…
Citation
CEI Commends House for Passage of GOOD Act to Rein in Regulatory Overreach
The Competitive Enterprise Institute (CEI) commends the U.S. House of Representatives and Congressman Mark Walker for passage of the Guidance Out Of Darkness (GOOD) Act,…
Multichannel News
FCC Approves 5G Rollout-Related Reforms
Multichannel News cited CEI on FCC 5G reforms. “The FCC’s plan to cut red tape is a step in the right direction for…
Foreign Affairs
MIL-OSI USA: The House Passes Walker’s GOOD Act To Help NC Employers And Force Federal Agencies To Make Regulatory Guidance Transparent
Foreign Affairs cited CEI’s Vice President for Policy and Senior Fellow Clyde Wane Crews on the GOOD Act. The GOOD Act has received praise from Competitive Enterprise…
Blog
This Week in Ridiculous Regulations
Hurricane Florence, Supreme Court nominee Brett Kavanaugh’s sexual assault allegation, and a ten percent tariff on $200 billion of Chinese goods dominated the news. Meanwhile,…
Forbes
The Rules for Rulemaking: a Cheat-Sheet Glossary of the Administrative State
The following chronological overview of America's regulatory oversight regime emerged from noticing the many categories of rules and regulations in play in the insiders' game…
The Washington Times
Eliminating ‘Most Problematic’ Federal Regulations Saves Taxpayers $1.3 Billion This Year
The Washington Times cited CEI’s Vice President Clyde Wayne Crews on Trump’s federal regulation savings. Clyde Wayne Crews, vice president for policy at…
Blog
This Week in Ridiculous Regulations
It was a slow week for substantive news, aside from President Trump’s surprise signing of the Miscellaneous Tariff Act, which reduces tariffs on about 1,700…
Blog
The Financial Crisis 10 Years Later: What’s Changed?
Ten years ago, the United States plunged into a financial crisis that would bring the world economy to the brink of collapse. The housing bubble…
Boston Herald
Concorde could fly again as Congress targets supersonic ban
Boston Herald cited CEI on an upcoming Senate supersonic aviation provisions bill. “Fortunately, R&D has continued despite the ban, and recent technological breakthroughs in manufacturing and…
Forbes
A Trump Executive Order on Regulatory Guidance Documents Can Pick up the Ball Congress Dropped
Reform of so-called guidance documents or policy statements seeped into the broader regulatory reform debate in a number of ways, such as their incorporation into…
Blog
This Week in Ridiculous Regulations
After a short Labor Day breather, Supreme Court nominee Brett Kavanaugh’s hearings and White House intrigue made for a lively four-day week. Meanwhile, agencies issued…
Blog
This Week in Ridiculous Regulations
August ended with a bang, leaving the 2018 Federal Register on the brink of the 45,000-page mark going into the Labor Day holiday. Agencies passed…
Blog
How Free Is Your State?
Our friends at the Cato Institute have a great new promotional video for the latest edition of their annual Freedom in the 50…
Op-Eds
The Costs Of Federal Agency Expertise
Whether the matter at hand is health, safety, economic or technology policy regulation, federal intervention is legitimized on the basis of presumed impartial expertise of…
Blog
This Week in Ridiculous Regulations
Lawyers are having a field day in Washington, and not just in cases involving associates of a certain member of the executive branch. Over at…
Forbes
What Is The Effect Of Federal Regulation On Jobs?
A time of record employment is a perfect opportunity to reflect upon the conditions that enable it (suspicion of official employment statistics notwithstanding). How do you keep letting…
Blog
Federal Regulatory Cost Disclosure Reports Latest Ever
Why does it need to be such a headache to get timely reports on the costs and benefits of federal regulation? Government spends and it regulates.
Blog
This Week in Ridiculous Regulations
It was a slow news week on the policy front, though quite busy on the drama/soap opera front. The House was in recess, and while…
Blog
Hernando de Soto: How To Make the Third World Richer than the First
Our good friend Nick Gillespie interviews Peruvian economist and property rights activist Hernando de Soto about the future of prosperity in the developing world, and…
Investor's Business Daily
Deregulation Nation: President Trump Cuts Regulations at Record Rate
Investor’s Business Daily cited Senior Fellow Clyde Wayne Crews on Ten Thousand Commandments. As the Competitive Enterprise Institute noted earlier this year…
The Washington Post
Has the Trump Administration Repealed 22 Regulations for Each New One?
The Washington Post Fact Checker cited Vice President for Policy and Senior Fellow Clyde Wayne Crews on regulatory reform. Clyde Wayne Crews of the…
Forbes
Are Entrepreneurs Creating the Growing Economy, or is the Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However, the many metrics seeking to explain governmental policies' effects…
Blog
This Week in Ridiculous Regulations
The number of new final regulations for the year passed the 2,000 mark, with new rules ranging from cell walls to harpoon fishing.
Blog
This Week in Ridiculous Regulations
The big regulatory news is a proposed loosening of fuel economy standards for cars. This will likely improve safety; lighter cars don’t hold up…
Blog
This Week in Ridiculous Regulations
The economy grew by 4.1 percent last quarter, which is wonderful news. The president also announced $12 billion of subsides for farmers hurt…
Op-Eds
Are Entrepreneurs Creating The Growing Economy, Or Is The Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However the many metrics seeking to explain governmental policies' effects on entrepreneurship probably…
Forbes
Trump’s 2018 Regulatory Reform Agenda by the Numbers
The Trump administration has released the new Spring 2018 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions.
Forbes
Should Congress be Repealing Agency Rules that are Already Invalid?
The Senate has voted to repeal a 2013 Consumer Financial Protection Bureau (CFPB) regulatory guidance document that took the form of a “bulletin” on “Indirect…
Forbes
An Inventory of Federal Agency Guidance Documents
Is that an exciting click-bait title or what? It gets even better though. Federal regulations’ hundreds of billions in costs and burdens are a familiar…
Blog
Driving Innovation: Timbro Index Charts Scope of Global Sharing Economy
The Swedish think tank Timbro has published the first global index of the sharing economy. The Timbro Sharing Economy Index (TSEI) is the…
Blog
White House Budget Director Mulvaney Speaks at CEI Annual Dinner
Mick Mulvaney, director of the White House Office of Management and Budget, delivered the keynote address at the Competitive Enterprise Institute’s Annual Dinner and…
Blog
This Week in Ridiculous Regulations
The European Union fined Google a record $5 billion for antitrust violations, and the president raised foreign policy kerfuffles with Britain and Russia on…
Blog
Kent Lassman at the Independence Institute: Deregulation in the Trump Administration
The Competitive Enterprise Institute staff often travel to bring the good news of regulatory reform to friends, allies, and interested audiences all across the country, and…
News Release
House Bipartisan JOBS Act 3.0 Act Will Cut Red Tape for Investors, Small Companies
Today, the U.S. House of Representatives will likely pass by a substantial margin a legislative package — backed by both House Financial Services Committee Chairman…
Comment
CEI Comments on the Regulation of Flavors in Tobacco Products
The Competitive Enterprise Institute (CEI) welcomes the opportunity to offer comments regarding the regulation of flavors in tobacco products.
Blog
This Week in Ridiculous Regulations
It was an uneventful week at regulatory agencies, with a lower-than-usual 51 new final regulations, ranging from skin disability ratings to garage door openers. For more data,…
Blog
Britain’s Brexit Challenge Gets Harder—and It’s Britain’s Fault
Leaving a regional trade bloc is much more difficult than entering it, as the United Kingdom is finding out. The European Union has integrated itself…
Forbes
Born Or Made? Personal Characteristics that Influence Entrepreneurship
Regulation is one of the more important influences on entrepreneurship around the world, and modern scholars have explored what the see as key conceptual and…
Bloomberg
VIDEO: Ryan Radia Discusses the Supreme Court and the Regulatory State on Bloomberg
Ryan Radia, Research Fellow and Regulatory Counsel at the Competitive Enterprise Institute, joined Bloomberg Markets to discuss the Supreme Court's impact on the regulatory state.
Compliance Week
Counterpoint: Chevron Case Creates Imbalance
The famous passage from James Madison in the Federalist Papers, Essay 51—“If men were angels, no government would be necessary”—reveals where the problems lie with…
Blog
This Week in Ridiculous Regulations
America celebrated its 242nd birthday on Wednesday, and new tariffs on $34 billion worth of Chinese goods came into effect on Friday. Meanwhile, during a…
Forbes
Americans Celebrate July 4th — But Can They Celebrate Independence?
News reports on Fourth of July polling pointedly distinguish between “proud to be an American” and “proud of America now,” in a way less apparent…
Forbes
What do Scholars Say About the Empirical Relationships Between Regulation and Entrepreneurship?
In the Fraser Institute’s new volume Demographics and Entrepreneurship: Mitigating the Effects of an Aging Population, chapter authors observe that the more red tape and…
Forbes
What Do Scholars Say About The Conceptual Relationship Between Regulation And Entrepreneurship?
We know that “Institutions Matter” when it comes to governance and prosperity. They have to, because the phrase returns over 200,000 Google search results.
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