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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Don’t let the next crisis grow the government—again
“Now, I’m going to sign this, and it’s a great honor — $6.2 trillion. I’ve never signed anything with a “T”…

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The week in regulations: Wildfire appraisals and portable spas
President Trump and El Salvador president Nayib Bukele confirmed that they would continue to imprison people without due process. Agencies issued new regulations ranging from…

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The executive order that could kill trillion-dollar bailouts
The federal government doesn’t just spend—it also regulates through spending. That’s one reason crises so often inflate Washington’s role in American life. But as I…
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Wall Street Journal
Red Tape Record Breakers
President Obama is opposing a bill passed by the House last week that would require the Securities and Exchange Commission to better measure the costs…
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Regulation Roundup
Height limits for flying witches on broomsticks, mandatory street musician auditions, and more.
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Surprising Junk Science on Fox News
News stories trumping junk science are common, but I expect better from Fox News, which claims to be "fair and balanced" and hosts great shows…
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Regulation of the Day 230: The Temperature of Beer
The state of Indiana regulates the temperature at which convenience stores may sell beer. Specifically, they must sell it at room temperature. Cold beer is…
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Sorry, Daily Beast: E-Verify Will Be National ID
Daily Beast blogger Justin Green, who blogs on columnist David Frum’s Daily Beast blog, has responded to Wired’s recent article “Biometric Database of All…
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“Shocking” Truth about Government and Soap
Is your hand wash slowly killing you as government regulators sit idly by? Sounds silly, but that’s what environmentalists seem to think about an antibacterial…
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CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from drawbridge schedules to official seals.
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Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Edition
In the June issue of Reason, one of my favorite publications, Greg Beato has an article discussing the public policy implications of autonomous vehicles, such…
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Government’s Chinatown Bus Shutdowns Based on “Statistical Malpractice”
Reason’s Jim Epstein has an article up that does a nice job debunking a National Transportation Safety Board study, prompted by a 2011…
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First Amendment Menace: Obama Administration to Expand Americans with Disabilities Act over Websites?
Can websites be forced to change to accommodate the disabled -- by using "simpler language" to appeal to the "intellectually disabled," or by making…
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How Online “Marketplace Fairness Act” Could Tax Your 401(k)
Today, the Senate likely will pass the Marketplace Fairness Act, which would force online retailers to collect sales taxes for states in which purchasers reside. Most have heard how this…
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CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from the federal flood insurance to California olives.
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CEI Podcast For May 2, 2013: Small Business Owners Sue Over IRS Obamacare Power Grab
Small business owners and individuals in six states, with help from CEI, are suing the IRS over what General Counsel Sam Kazman calls a flagrantly…
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The Costs Of Union Shareholder Activism
Is shareholder activism a good or a bad thing? That depends on what any given resolution seeks to improve the company's performance, and thereby increase…
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Did Hensarling Force Obama’s Hand On “Recess” Appointments?
They called it a "stunt" early last week when House Financial Services Committee Chairman Jeb Hensarling (R-Texas) refused to allow Consumer Financial Protection Bureau (CFPB)…
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U.S. Government Bans French Cheese Based On Food Prejudices
The U.S. government is banning a standard, normal-smelling French cheese based on its own squeamishness. The cheese in question is Mimolette, a commonplace,…
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CEI’s Battered Business Bureau: The Week In Regulation
66 new regulations, from the federal Processed Pear Committee to desert buckwheat.
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Maryland Bill Will Force Teachers To Pay For The Privilege Of Going To Work
In a recent Baltimore Sun op-ed and WorkplaceChoice.org blog post, I argue against Maryland’s Orwellian-named Fair Share Act,…
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Regulation Roundup
From adjustable headlights to going on strike over tight pants.
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CEI Podcast For April 25, 2013: Regulations Are Less Than Transparent
Every year, the Office of Management and Budget (OMB) releases a report on the costs and benefits of the previous year's new regulations. Wayne Crews…
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Why BPA (And Other Chemicals) Don’t Belong On Proposition 65
If you want to have fun in California's Disneyland, avoid reading the warning signs saying that products used in the park may give you cancer…
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Obama’s Controversial Nominee For Labor Secretary To Be Voted On
Cato Institute attorney Ilya Shapiro wrote Tuesday about “Thomas Perez, the assistant attorney general for civil rights who personifies . . . this…
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Costs Rise In Obama’s New 2013 Draft Report To Congress On The Benefits And Costs Of Federal Regulations
Last year, the Obama Office of Management and Budget’s 2012 Draft Report to Congress on the Benefits and Costs of Federal…
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CEI Study: Cost Of Keeping One Unauthorized Immigrant From Getting A Job — $13,000
If Americans truly want to ensure no unauthorized immigrants work in the United States, they better get ready to pay top dollar. E-Verify, the electronic…
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Why FAA’s Child Seat Campaign Is Deadly
Federal law allows airline passengers with children under the age of two to travel with their children on their laps. This option, which has existed…
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Earth Day: The Greener Side Of Growth
Over at Topix.com, my colleague Geoffrey McLatchey and I argue that the biggest factor for improving environmental quality is wealth creation.
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EEOC: A Scofflaw That Poisons The Climate For Hiring
One way the current political climate discourages hiring is by turning problem employees into potential lawsuits for the employers who take the risk…
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CEI’s Battered Business Bureau: The Week In Regulation
86 new regulations, from sorghum ethanol to training miners.
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CEI Podcast For April 18, 2013: CISPA Is The Wrong Approach To Cybersecurity
Today, the House passed the Cyber Intelligence Sharing and Protection Act of 2013 (CISPA). Associate Director of Technology Studies Ryan Radia opposes the bill.
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The Train Wreck That Is Obamacare
At least one union that supported passage of Obamacare, is now calling for its repeal. As The Wall Street Journal notes, the United…
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Fred L. Smith, Jr., In This Month’s Cato Unbound
This month’s Cato Unbound series focuses on the constraints of money in politics, how businesses respond to opportunities for rent-seeking, and prospects for the…
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Lessons On Regulatory Reform: The BRAC Acts
Overview of Regulatory Reform in the U.S. from The Base Realignment and Closure Act The Base Realignment and Closure (BRAC) Act of 1988 was created…
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Food Safety Modernization Act Far More Costly Than Supporters Claimed
“Proposed FDA safety rules frustrate tree fruit farmers,” reported The Washington Post. As the FDA puts “in place a massive overhaul of the nation’s…
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CEI’s Battered Business Bureau: The Week In Regulation
67 new regulations, from drawbridge schedules to wireless signal boosters.
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Railroading The Railroads
In recent years, members of Congress have worked with various interest groups for the purpose of imposing new economic regulations on the…
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Dodd-Frank’s Burden On Credit Unions Highlighted At Hearing
At a recent speech before a convention of the Credit Union National Association (CUNA), new Sen. Elizabeth Warren (D-Mass.) made the pitch that the Dodd-Frank…
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CEI Podcast For April 11, 2013: Reining in Unfunded Mandates
Vice President for Policy Wayne Crews warns that the higher the deficit goes, the more tempted the federal government is to resort to unfunded mandates,…
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Time To Rein In Unfunded Mandates
In today's Investor's Business Daily, Wayne Crews and I point out that the higher deficits go, the more tempting it becomes for Congress to resort…
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Who Profits From Alcohol Taxes?
While there appears to be no acceptable level of alcohol consumption to participants at the Alcohol Policy 16 Conference, which met last…
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Obamacare Strangles Job Creation, Stifles Medical Innovation
Earlier, I wrote about the dismal March jobs report and how high unemployment has been masked by rising numbers of discouraged workers and people…
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Americans Reject Actual E-Verify System
Imagine there was a free program that could guarantee for employers a legal workforce and eliminate illegal immigration. Would you favor such a system? Yes…
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Protectionist Law Proposed In New York Would Hit Wine Consumers Hardest
While most states are desperately trying to figure out ways to encourage business development and reduce the cost of consumer goods, New York is considering…
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JOBS Act — What’s Been Implemented — Is Working; Now Implement The Rest!
CEI Research Associate Evan Woodham contributed to this post. Another round of disappointing jobs numbers released last Friday shows more than ever that massive…
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CEI’s Battered Business Bureau: The Week In Regulation
56 new rules, from school lunches to studying landfills.
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Dismal Jobs Figures Don’t Increase Official Unemployment Rate, As Job-Seekers Give Up, Or Go On Disability
The stock market has fallen this morning in response to the dismal March jobs report released this morning, which showed that a meager…
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Regulation Roundup
Man avoids jail time for falsely yelling out "Bingo!" during a game, plus more.
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CEI Podcast For April 4, 2013: Reining In The CFAA
Under the CFAA, it is currently a federal crime to enter an incorrect age on your Facebook profile or an incorrect weight on a dating…
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Lessons From Dutch Regulatory Reform: How The U.S. Could Save $450 billion Per Year
In 2003, the Dutch improved their regulatory situation through the “Dutch Administrative Burden Reduction Programme.” This program sought to reduce the cost of regulatory burdens…
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The Myth Of Welfare Reform
Welfare reform is largely a myth. Many people who used to be on welfare have since gone onto Social Security Disability. That benefits states…
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Regulatory Lessons From The United Kingdom (Continued)
Overview of the Red Tape Challenge In early 2011, the UK started the Red Tape Challenge to gather ideas as to how it could improve…
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Cyprus Is A Lesson For U.S. Policy Makers: Too Big To Fail Is Not Inevitable
American financial regulators could take a lesson from their European counterparts. The recent EU bail-in/bailout of Cyprus, despite its dangers, shows that reducing moral hazard…
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Incentives Matter, Even For Transportation
CEI’s Marc Scribner previously commented on how advocates for greater investment in transportation infrastructure frequently disregard the infrastructure measure that really matters -- the…
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CEI’s Battered Business Bureau: The Week In Regulation
100 new regulations, from collisions at sea to electronic forms.
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CEI Podcast For March 28, 2013: The TSA’s Illegal Body Scanners
Despite a court order, the TSA is still dragging its feet on complying with the law. Fellow in Land-use and Transportation Studies Marc Scribner has…
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White House Immigration Bill Will Be A Disaster Without Accessible Work Visas
President Obama’s recently leaked immigration bill left off the most important component of an immigration bill: the immigration part. Given the fact that the Chamber…
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The Red Tape Challenge
Over at the Daily Caller, Christian Rice and I take a look at a successful regulatory reform model in the UK: the Red Tape Challenge:…
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When The Nanny State Kills
The government told people to switch from saturated animal fats to unsaturated vegetable fats. But that advice may have killed a lot of people.
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CEI’s Battered Business Bureau: The Week In Regulation
59 new regulations, from patent fees to pork export reports.
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Vitter Amendment To Ban Drug Patent Settlements Would Raise Pharmaceutical Prices
With time running out for the Senate to act on a continuing budget resolution, members are trying to find some magic pot of money that…
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Labor’s Loss: Secret Ballot Protection Advances In Virginia
This week Virginia Gov. Bob McDonnell struck a little heralded — but much needed — blow for privacy rights in the Old Dominion by signing two…
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Response To Drescher On Cancer And Chemicals
Last week, Fran Drescher responded to my Huffington Post article on cancer trends, and today I posted a reply on the…
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Administration Notifies Congress That Trade Talks With EU Will Begin
Earlier today, the Office of the U.S. Trade Representative sent a notice to Congress that the Obama administration would begin negotiating a trade partnership…
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Bipartisan Dodd-Frank Derivatives Deregulation Advances In House — And Main Street Cheers
This afternoon, members of the House Agriculture Committee with strikingly different views on many issues came together to provide much need regulatory relief from the…
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Obamacare Harms Colleges And Their Employees
The University of Virginia is expecting a roughly $7-million bill for Obamacare's new employer penalties, said Susan Carkeek, the University's vice president and…
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What Cyprus (Initially) Got Right — Remembering The 2008 WaMu Capital “Run”
There's no shortage of criticism of the Cyprus "bail-in" -- the one-time tax the government had proposed levying on insured and uninsured depositors to rescue…
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CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from financial management courses to de-icing planes.
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Dallas Fed’s Fisher And CPAC’s Fishy Too-Big-To-Fail Event
If the Conservative Political Action Conference’s (CPAC) organizers wanted a speaker or panel on the causes of the financial crisis and what to do about…
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Lobbying Can Be A Great Investment
Not only did health insurers convince the government to require everyone in the country to buy their products, now their premiums will go up sharply,…
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A Balanced Budget Isn’t The Primary Goal
Over at the Daily Caller, Wayne Crews and I take a look at Rep. Paul Ryan's proposed budget, the Path to Prosperity. While it would…
Forbes
Bee-ing Smart: Regulators Must Distinguish Activists’ Bad Dreams From Actual Evidence
Important technologies commonly face opposition from various quarters – often from vested interests, societal Chicken Littles or overly precautionary regulators. Examples include vaccination, fluoridation of…
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Will Regulators Fail To Learn From The Past Mistakes Of U.S. Railroad Regulation?
The history of U.S. railroads provides an interesting case study on federal regulation. They were the first sector of the economy to come under heavy…
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Should Agencies Be Self-Funded?
If an agency is doing a poor job pursuing its mission, it needs to be held accountable; there is a reason Congress holds the power…
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CEI’s Battered Business Bureau: The Week In Regulation
69 new regulations, from grading almonds to lost luggage.
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Sequester Show May Not Have Jumped The Shark, But Its Format Has Changed
Are you watching the Sequester Show? In today's Wall Street Jorunal, my friend Kim Strassel says the sequester drama has "jumped the shark," a phrase used when…
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Lessons On Regulatory Reform: The United Kingdom
In 2001, the United Kingdom passed the “Regulatory Reform Act” which allowed a government minister (similar to the head of a government agency in…
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Washington Examiner: “Congress: Obamacare To Boost Premiums To $7,186 — A Year”
Paul Bedard of the Washington Examiner reports on massive premium increases due to Obamacare: Health insurance companies, facing new and costly rules and…
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Obama’s Immigration Bill Forces Employers To Pay Illegal Immigrants
Nothing in this headline is a typo or an exaggeration. President Obama’s recently-leaked Comprehensive Immigration Reform Act of 2013 would require employers to employ…
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Costco CEO Favors Minimum Wage Hike
An overlooked argument in the minimum wage debate is that a high minimum wage gives big businesses an artificial competitive advantage over their smaller competitors.
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Making The FCC More Transparent
If there's one thing the regulatory state could use more of, it's transparency. In today's ?Washington Times?, I shine a little light on the FCC:…
Washington Times
Who Regulates the Regulators?
In Beltway terms, the Federal Communications Commission’s $350 million budget request for 2013 is practically a rounding error. Yet it costs the American people a…
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Lessons On Regulatory Reform: Texas
Overview of Regulatory Reform in Texas In 1977, the Texas legislature passed the Texas Sunset Act which would forever improve state government.
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Austerity Is Worth The Cost
In a January National Review article, I explained how Baltic countries such as Estonia that had undertaken short-lived but severe cuts to government spending…
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CEI’s Battered Business Bureau: The Week In Regulation
74 new regulations, from the Citrus Administrative Committee to pecan insurance.
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Alcohol Regulation Roundup: March 1, 2013
National: The Department of Justice (DOJ) filed a lawsuit to block Anheuser-Busch Inbev from taking full control over Negro Modelo. A few weeks later…
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E-Verify: Opening The Door For More Regulations
President Obama and the Gang of Eight senators want E-Verify -- the electronic employment verification system -- included in any comprehensive immigration reform proposal this…
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Progressives Should Be Wary Of A Minimum Wage Increase
Over at the American Spectator, I argue that progressives should look elsewhere for ways to help the poor:…
The American Spectator
At Minimum, a Big Loser
President Obama brought the minimum wage debate back into the news in a big way in his State of the Union address, when he proposed…
News Release
REINS Act Introduced in Senate
Washington, D.C., February 28, 2013 — This week, Sen. Rand Paul introduced the Senate version of the Regulations from the Executive in Need of…
Townhall
Government Spending Hurts People
Every day Americans from all walks of life deal with petty tyrannies and worse from federal bureaucrats. And the economic costs of complying with all…
Townhall
Report finds that EPA & FCC regulations are costing Americans big time
Between the EPA and the FCC, government regulations are costing Americans close to the tune of $495 billion, according to a new report from the…
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Why The Sequester Budget Cuts Are Good
As we noted earlier, the automatic budget cuts contained in the sequester will help the economy in the long run, even if they are…
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Europe’s Latest Wake-Up Call: Italian Elections
Europe, which has been enjoying a recent respite from financial chaos, is about to get a rude awakening: Italian elections. Voters will go to the…
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CEI’s Battered Business Bureau: The Week In Regulation
53 new regulations, from the mental states of federal employees to giving rides to sick or injured people.
Townhall
Obama Issued $216 Billion in New Regulations in 2012
One solution to this problem comes from the Competitive Enterprise Institute, a “free-market” conservative think tank in Washington, D.C. CEI has…
Blog
Regulatory Report Card: Federal Communications Commission
Regulatory agencies need to be much more transparent. One way to do that is through an annual report card with important information about each agency…
Study
Regulatory Report Card: FCC
Full Document Available in PDF It may come as a surprise that the Federal Communications Commission (FCC) is the third most expensive…
News Release
FCC Is Third Most Expensive Agency of Federal Government
WASHINGTON, D.C., February 21, 2013 – Somewhat surprisingly, the Federal Communications Commission (FCC) is the third most expensive agency when it comes to the costs…
Blog
Setting The Stage For Regulatory Reform — Part I
Just about everything in your life is regulated by the government; from the alarm clock that wakes you up in the morning to the size…
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CEI’s Battered Business Bureau: The Week In Regulation
90 new regulations, from hot air balloons to Sea World’s fireworks shows.
Forbes
Obama’s SOTU: A Campaign Speech That Erodes The Power Of The Citizenry
Every year legislators and bureaucrats disgorge new laws and regulations which discourage job creation. Clyde Wayne Crews of the Competitive Enterprise Institute has pointed to…
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