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
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Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
Blog
This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final regulations last week,…
Blog
This week in ridiculous regulations: Pear handling and airport construction
CEI founder Fred Smith passed away at age 83. Few people were as effective as Fred in pushing back against regulatory excesses, and nobody did it…
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Trib Live
The Thursday wrap
The Competitive Enterprise Institute calculates that the cost of U.S. federal regulations now is larger than the economies of all but nine countries in the…
Washington Times
Bureaucracy doesn’t just hurt — it kills
With all this outreach to give things away, how big is this federal bureaucracy and its red tape? Clyde Wayne Crews at the Competitive Enterprise…
Blog
Johnson-Crapo Delayed; CEI-Coordinated Coalition Letter Cited as a Factor
Today, in a surprise move, the Senate Banking Committee postponed the vote it had been set to mark up for Johnson-Crapo. Reports vary as…
Blog
CEI Podcast for April 29, 2014: Ten Thousand Commandments
Wayne Crews talks about the new 2014 edition of Ten Thousand Commandments…
Blog
Ten Thousand Commandments 2014
The 2014 edition of Wayne Crews’ annual Ten Thousand Commandments report comes out today…
Daily Caller
The Federal Government Now Consumes 31 Percent Of The US Economy
The federal government now consumes 31 percent of the U.S. economy due to trillions in spending and thousands of pages of costly regulations, according to…
Washington Examiner
Average U.S. household spends more on federal regulations than for health care, food or transportation
Here's a sobering fact likely known to few Americans outside of the nation's capital: The federal government is the only government on earth that collects…
News Release
Federal Regulations Take $1.8 Trillion Bite Out of US Economy
WASHINGTON, April 29 – Today, the Competitive Enterprise Institute (CEI) released its annual Ten Thousand Commandments report on the size and scope of…
Study
Ten Thousand Commandments 2014
Ten Thousand Commandments compiles scattered government and private data on the numbers and costs of regulations and about the agencies that issue them, in an…
Blog
Google’s Self-Driving Cars Approach 700,000 Miles of Crash-Free Driving
In a report released last week for CEI, I noted that developers need to be able to demonstrate automated vehicle safety benefits in order…
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CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from spearmint oil to hot air balloons.
Blog
FCC’s Internet Fast Lanes Should Outrun Net Neutrality Bias
The Federal Communications Commission (FCC) will issue proposed rules May 15, rules expected expected to allow premium pricing for Internet fast lanes alongside the lane…
Blog
CEI Podcast for April 23, 2014: Reforming Fannie and Freddie
Senior Fellow John Berlau argues that a bill from Senators Tim Johnson and Mike Crapo intended to reform Fannie Mae and Freddie Mac would only…
Blog
Driverless Cars, Innovation, and Regulation: Let’s Not Mess it Up
CEI General Counsel Sam Kazman about to take a spin in Google’s self-driving car. (Photo by Marc Scribner) For the past several years, I’ve been…
Blog
Taxable Bitcoins 2: We’re Not Gonna Pay it!
Reason magazine’s Brian Doherty recently addressed the IRS’s recent announcement that bitcoin transactions are taxable. As I addressed in my last piece, while the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from stair-climbing wheelchairs to crustacean irradiation.
Blog
CEI, Former State Department Officials Defend Freedom of Contract in Supreme Court Case against Argentina
[caption id="attachment_74355" align="alignright" width="300"] Argentina President Cristina Kirchner[/caption] Can a country seeking to welsh on its debts invoke sovereign immunity to evade not just court…
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CEI Podcast for April 17, 2014: Brexit Strategy
Iain Murray, CEI's Vice President for Strategy, along with Freedom Association Director Rory Broomfield, won second place Institute for Economic Affairs' Brexit Competition. The goal…
Blog
First Ever Constitutional Ruling against Dodd-Frank Voids Destructive “Conflict Minerals” Section
Today’s ruling of the D.C. Circuit Court of Appeals that Dodd-Frank’s "conflict minerals" disclosure mandate violates the First Amendment is the first time ever a court has…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
59 new regulations, from rearview cameras to pocket gophers.
Blog
EEOC Loses Hypocritical Lawsuit against Employer over Background Checks
"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So began a…
Blog
Pompeo-Butterfield Food Labeling Bill: Valuable But Needs Work
Earlier today, Reps. Mike Pompeo (R-Kan.) and G.K. Butterfield (D-N.C.) introduced a bill in the House that would establish federal standards for the labeling of…
Blog
Administration’s Lack of Transparency Extends to States; The Independence Institute Reports New Findings
Although President Obama occasionally clings to the claim that his administration is the “most transparent” in history, with more and more revelations, this gets farther…
Blog
Threatening Free Speech, New Jersey Court Allows Parents to Be Sued for Children’s Facebook Posts
Earlier, we wrote about a Wisconsin town whose ordinance holds parents liable for bullying by their children, including certain speech. We and law professor…
Blog
CEI Podcast for April 9, 2014: A Consumer’s Guide to Chemical Risk
Senior Fellow Angela Logomasini talks about her new Consumer's Guide to Chemical Risk.
Washington Examiner
More Profits, Fewer Jobs, But Many Fewer Workers, Too
William Galston makes a valid point with his comment that low interest rates may be counterproductive in the country’s search for more employment (“Soaring Profits…
Blog
Professional Licensing: A Risk to the Free Markets and Freedom of Speech
From physicians to dentists to lawyers, the licensing requirements of many professions are well known—but for bloggers? A recent case in North Carolina demonstrates the…
Blog
Food Policy Fight: Junk Study on Vegetarian Diet
Log on to Twitter and you might read: "A vegetarian diet is associated with poorer health, a higher need for health care, and poorer quality…
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CEI’s Battered Business Bureau: The Week in Regulation
79 new regulations, from whistleblowers to watermelon promotion.
Blog
Is High-Frequency Trading a Form of Front-Running?
On 60 Minutes, Michael Lewis accused high-frequency traders of front-running. Apparently it’s become necessary to remind critics of high-frequency trading of the definition of “front-running.” Front-running – n. “The…
Blog
CEI Podcast for April 3, 2014: Clean Air Act Costs and Benefits
Senior Fellow William Yeatman is skeptical of an EPA report claiming the Clean Air Act will have nearly $2 trillion in annual benefits by 2020.
Fox News
Critics say ‘transparent’ administration anything but open about federal regulations
Federal agencies are required to report all the regulatory actions they have under consideration in what's known as the Unified Agenda twice a year. In…
Blog
Is the Stock Market Really Rigged?
Everyone seems to be jumping into the debate about high-frequency trading, now that Michael Lewis is peddling his new book, Flash Boys. Lewis contends…
Blog
Why Is Obama’s Report to Congress on the Benefits and Costs of Federal Regulation Delayed?
In April 2013, the White House Office of Management and Budget (OMB) issued its Draft 2013 Report to Congress on the…
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CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from refrigerators to Korean chicken.
Blog
Human Achievement of the Day: Bionic Eyes
You won’t see the glory of human achievement if you abide by the World Wide Fund for Nature's recommendation that you spend an hour…
Blog
CEI Podcast for March 27, 2014: Bait and Reciprocal Switch
CEI Fellow Marc Scribner talks about his new paper, “Bait and Reciprocal Switch: Forced Access Regulation Threatens the Rail Renaissance.”…
Blog
Human Achievement of the Day: 3D Printing Cups, Cars, Houses, and Faces
3D printing is a relatively recent technological development that has already begun to revolutionize model-building, structural and other medical procedures, and construction of items from…
Blog
Sneaky Regulation? Federal Agencies Issue over 24,000 “Public Notices” Annually
A mixed economy like ours does not remain static. Economic activity increasingly shifts toward government outright (health care, retirement, education) or exists under "Mother-May-I" constraints…
Blog
How Matt Drudge (and Other Obamacare Victims) Can Escape the “Liberty Tax”
Former Competitive Enterprise Institute Research Associate Michael Mayfield provided invaluable assistance with this post. Matt Drudge's widely discussed…
Blog
CEI Appeals Agency’s Withholding of Documents about Its 2013 Government Shutdown Shenanigans
Earlier, I wrote about how Obama administration officials have been very “tight-lipped in response to FOIA requests” about their “government shutdown shenanigans,” such as closing private…
News Release
Special Interest Lobby Threatens Freight Rail Deregulation
WASHINGTON, March 24 – A new effort by special interest groups threatens much-needed freight-rail investment, according to a new…
Blog
Draconian Dodd-Frank Durbin Debit Controls Need Not Be More Destructive, Court Rules
As the weather finally turns to spring, the D.C. Circuit Court of Appeals today blew a nice cool breeze of common sense. A bipartisan three-judge…
Blog
Johnson-Crapo Is Phony Fannie-Freddie Reform
Ever since the phrase appeared in Shakespeare's Romeo and Juliet, "A rose by any other name would smell as sweet," and its variations, have…
Blog
Beekeeper Speaks Out against Anti-Pesticide Campaigns
Anyone worried about honey bee survival should read the piece by Canadian beekeeper Lee Townsend in the Guelph Mercury newspaper. In recent years, beekeepers have…
Blog
New Data: Code of Federal Regulations Expanding, Faster Pace under Obama
The annual Code of Federal Regulations (CFR) is the "codification of the general and permanent rules published in the Federal Register…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
67 new regulations, from reformulated gasoline to vitamin D2.
Blog
Bureaucrats Line Up to Regulate Bitcoin
The regulators are tasting blood around bitcoin, and like sharks they are positioning for the kill. The blood that they taste was not actually shed…
Blog
Reining in the Executive Branch Bureaucracy, Part 11: Sunset Regulations and Implement a “One In, One Out” Procedure
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from soybean referendums to jaguars.
Blog
Reining in the Executive Branch Bureaucracy, Part 10: Congress Should Create an Annual Regulatory Reduction Commission
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI Podcast for March 6, 2014: The ALERT Act and Regulatory Transparency
Last week was Stop Government Abuse Week in Congress, and the House passed a number of reform bills that would increase government transparency. One of…
Blog
Obama and Camp’s “Carried Interest” Canard Adds Cost and Complexity to Code
Once again, according to a White House summary of his 2015 budget to be unveiled later today, President Obama will call for "closing loopholes"…
Blog
Obama FY 2015 Budget: Aviation Funding Recommendation Not Great, But a Step in the Right Direction
President Obama released his Fy 2015 budget today. Like his past budgets, as I noted in a previous post discussing the highway and…
Blog
JAMA’s Dangerous Hype: BPA and Cash Register Receipt Research Letter
This month’s issue of the Journal of the American Medical Association (JAMA) contains a “research letter” on a “study” conducted by researchers at Harvard…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from grading grapefruit to detaining journalists.
Blog
Bad Highway Policy Is a Bipartisan Affair
Two major pieces of surface transportation policy news dropped this week. President Obama is readying the release of his budget, which will contain over $300…
National Review
‘Stop Government Abuse’ Week
This week, House majority leader Eric Cantor (R., Va.) is promoting a series of ten bills as part of his Stop Government Abuse Week (hashtag:…
Blog
CEI Podcast for February 27, 2014: Can the EPA Regulate Greenhouse Gas Emissions?
The Supreme Court heard oral arguments this week in a case that could determine whether or not the EPA has the authority to regulate greenhouse…
Blog
Reining in the Executive Branch Bureaucracy, Part 9: Congress Must Affirm Final Agency Rules before They Are Law
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
Reining in the Executive Branch Bureaucracy, Part 8: Create a Culture of Repealing Regulations
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
35 new regulations, from helicopter ambulances to infant formula.
Blog
GW’s Entrepreneurship and Crowdfunding Barriers to Today’s Revolutionary Entrepreneurs
Happy Washington’s birthday, everyone! Although the holiday was on Monday, George Washington’s actual date of birth is tomorrow, February 22, in the year 1732. And…
Blog
CEI Podcast for February 20, 2014: The Expanding Regulatory State
CEI Fellow Ryan Young discusses the large stock of existing regulations and the rapid flow of new regulations.
Blog
Minimum Wage Increase to Wipe Out 500,000 Jobs
"Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing" would "cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst…
Blog
Suing the IRS – And Winning
Proving that sometimes good guys can win, our friends at the Institute for Justice are celebrating a big win against the IRS.
Blog
Here Are the Obama Administration’s 191 Big-Dollar “Economically Significant” Rules and Regulations
If you pay any attention to the debate over federal regulation (there are at least three or four of you), you inevitably hear about "economically…
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CEI’s Battered Business Bureau: The Week in Regulation
56 new regulations, from lamp fixtures to handling potatoes.
Blog
CEI Podcast for February 12, 2014: Are Cell Phones Coming to an Airplane Near You?
CEI Fellow Marc Scribner opposes a bill that would ban in-flight cell phone usage on airplanes. He believes that decision should be left to airlines,…
Blog
No Obamaloans at the Post Office!
While Sen. Elizabeth Warren may proudly brand herself a populist, in her latest crusade, she is casting her lot with fat cats. Warren wants to…
Blog
Obama Major Regulations 29 Percent Higher Than Bush
The 1996 Congressional Review Act (CRA) requires agencies to submit reports to Congress on their major rules — frequently defined as those costing $100 million…
Blog
House Committee to Markup Bill Banning In-Flight Cell Phone Calls
Tomorrow morning (Tuesday, February 11), the House Transportation and Infrastructure Committee will markup the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act (H.R.
Blog
Reining in the Executive Branch Bureaucracy, Part 7: Recognize and Reduce Indirect Costs of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
55 new regulations, from kiwifruit administration to dehumidifiers.
Blog
More Equality in the U.S. Than in Europe: When the Minimum Wage Buys More in the U.S.
France and England may have higher minimum wages than most of the U.S. does, but things cost so much there that minimum-wage workers can afford less stuff…
Blog
Waxman’s Last Stand on Net Neutrality
It was announced that Rep. Henry Waxman, D-Calif., is proposing new net neutrality legislation. The proposed bill has likely been made…
Blog
Reining in the Executive Branch Bureaucracy, Part 6: Deal with the Deadweight Cost of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
New York Alcohol Bill Benefits Big Business at Consumers’ Expense
New York’s consumers and small alcohol retailers could soon be paying more for their tipples, for the benefit of big wholesalers. A bill now making…
Blog
Two Million Jobs Will Disappear Due to Obamacare, CBO Predicts; Deficit to Rise
“The new healthcare law will slow economic growth over the next decade, costing the nation about 2.3 million jobs and contributing to a $1 trillion…
Blog
USDOT Calls for Connected Vehicle Mandate; Security and Privacy Concerns Remain
The U.S. Department of Transportation (DOT) announced today it would chart a regulatory path that would require all new automobiles to be equipped with…
Blog
Should States Legalize Sports Gambling? Yes!
With Super Bowl XLVIII in the history books, all that remains now is for the losers to lick their wounds and for the victors to…
Blog
Regulation without Representation
Over at The Hill's Congress blog, Wayne Crews and I make the case for reining in the regulatory state as a way to improve the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
52 new regulations, from hedge funds to California dates.
Blog
Long-Suspected TSA Abuse and Incompetence Confirmed by Former TSA Employee
Politico Magazine has a disturbing article by former transportation security officer Jason Edward Harrington. At least it would be disturbing if it wasn’t largely just a confirmation…
Blog
Reining in the Executive Branch Bureaucracy, Part 5: Categorize Regulations by Impact
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
State of the Union: President Gets Minimum Wage and Gender Pay Gap Wrong
President Obama surprised few in his State of the Union address, which was dominated by egalitarian and populist themes. The president is entitled to his…
Blog
State of the Union: Economic Band-Aids for Poverty and Unemployment
One of progressivism’s most admirable traits is its concern for the little guy. But many progressive policies for alleviating poverty, unemployment, and other social problems…
Blog
Reining in the Executive Branch Bureaucracy, Part 4: Put a Spotlight on Economically Significant Rules
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
CEI Experts on the State of the Union
ECONOMIC MOBILITY Iain Murray, Vice President for Strategy: “The fact is: Today’s America is divided between those who work…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
43 new regulations, from flood elevations to extra parentheses.
Blog
Reining in the Executive Branch Bureaucracy, Part 3: Make Regulations Transparent Like the Budget
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
Blog
Reining in the Executive Branch Bureaucracy, Part 2: Regulatory Benefits? Maybe Not
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his State of…
Blog
Target, Retailers Use Dodd-Frank to Skimp on Data Security
Chutzpah, thy name is the National Retail Federation! In the wake of the recent credit and debit card breach at Target that may have compromised…
Blog
The Loss of Net Neutrality Is Not a Detriment to Consumers
Last week’s announcement that the District Court of Appeals struck down the non-discrimination and no-blocking rules of the Federal Communication Commission's (FCC) 2010 Order on…
Blog
Reining in the Executive Branch Bureaucracy, Part 1: Measure Regulatory Costs
Since the Federalist Papers, America has debated "Energy in the Executive." But President Obama's 2014 agenda framed by his State of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
57 new regulations, from shoeing horses to Florida avocados.
Blog
Obama Announces NSA Reforms Could Undermine U.S. Leadership in the Global Information Economy
President Obama outlined plans to “reform” the National Security Agency’s mass surveillance programs in a Friday morning speech at the Justice Department. To his…
Blog
“Wall Street” Regs Devastate Main Street Banks and Credit Unions
Again and again, when regulators implement a new Dodd-Frank regulation aimed at "Wall Street," it is Main Street banks and credit unions that are forced…
Blog
CEI Podcast for January 16, 2014: FCC Loses Net Neutrality Court Case
Associate Director of Technology Studies Ryan Radia argues that while the case looks like a victory on the surface, it still gives the FCC plenty…
Blog
Budget Deal Agreement and State of the Union Address Continue to Neglect Debt and Economy
In the lead-up to the State of the Union...a briefing theme was that President Barack Obama has little appetite for a debt reduction deal and…
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