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: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…
Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…
News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
Search Posts
Blog
Dept. of Labor to Send Ag-Youths A’packin’
Regulatory war has been waged against another job-creating sector of the American economy. The U.S. Department of Labor has set forth new proposals restricting children…
Blog
Christmas Liquor Bans: Is Your State on the List?
If you were planning to go-a-Wassailing along this Christmas, you may want to read this post carefully so that you can plan your booze-buying accordingly…
Blog
Regulation Roundup
Boy, 7, kicks bully in the groin, school officials threaten sexual harassment charges, plus more.
Blog
NLRB Drops Case against Boeing – Finally
Today, the National Labor Relations Board (NLRB) announced that it has decided to drop its case against Boeing, over the airplane manufacturer’s opening of…
Blog
CEI Podcast for December 8, 2011: House Passes the REINS Act
Vice President for Policy Wayne Crews talks about the impact REINS could have on increasing transparency and accountability. He also offers up a few more…
Op-Eds
A Cautionary Tale on Government Spying
Who enforces the law? Most people would answer that this is the central function of government. However, America’s federal government has increasingly distanced itself from…
Op-Eds
Labeling Of Biotech Foods Is Unnecessary And Unconstitutional
This piece was co-written with Henry Miller. Should the government require that labels on cans of marinara sauce contain information about whether the tomatoes in…
Citation
Idaho Reps. Simpson, Labrador Hail House Passage of Regulatory Reform Bill
Blog
Good News/Bad News on Compensating Bone Marrow Donors
By now, there's been plenty of news highlighting last week's decision by the Ninth Circuit Court of Appeals that the National Organ…
Blog
Reforming Medical Malpractice Law: Interesting Discussion about Damage Limits in Malpractice Cases
Point of Law has an interesting debate over whether medical-malpractice noneconomic damage caps hurt consumers, between Ted Frank and Shirley Svorny. As…
Blog
Alcohol Regulation Roundup: December 7, 2011
Arizona: Liberalization of beer laws in Arizona has kick-started the state’s craft brewing market. The state allows small producers to skip the wholesaling tier…
Op-Eds
Without REINS It Pours: A Christmas Wish For Sane Government
This year, Congress has passed and the president has signed into law 39 pieces of legislation by my quick count. They’re representatives, elected precisely…
Blog
Legalizing Kidney Sales Would Save Thousands of Lives, Save Taxpayers a Bundle
Kidney sales should be legal, explains kidney donor Alexander Berger in The New York Times. Berger is a research analyst for GiveWell, a nonprofit that…
Blog
Brooks: More Regulations Don’t Have Huge Effect on Economy
David Brooks’ article today in The New York Times belittles the cost of regulation to American businesses and the U.S. economy and praises the…
News Release
House Expected to Vote Tomorrow on REINS Act
Washington, D.C., December 6, 2011 –Tomorrow, the U.S. House of Representatives will likely vote on the Regulations from the Executive In Need of Scrutiny…
Blog
Labor Leaders for Communism!
Legendary labor leader Andy Stern has seen the future. There's no freedom there, but he's OK with that. Stern, a former president of the Service…
Blog
On 10th Anniversary of Enron Collapse, Time for Sarbanes-Oxley to Go
Ten years ago today, Enron Corp. filed for bankruptcy. Today, with all of its dealings with banks, it would probably have been deemed "too big…
Citation
GOP Hopefuls, Administration on Same Page
Op-Eds
The Regulatory Thicket
How to Do ItIn the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation.
Blog
Barney Frank’s Committee Rebukes Dodd-Frank Derivatives Rules
There are other factors at play, but has anyone noticed how much the stock market has surged since Rep. Barney Frank (D-Mass.) announced he…
Blog
NLRB Tempers Quickie Elections, Not Overreach
Yesterday, National Labor Relations Board Chairman Mark Pearce issued a statement describing the proposed rule changes to the union election process. The changes were…
Blog
Deregulation Watch: Horsemeat
Last year, about 138,000 horses were taken to slaughterhouses in Canada and Mexico, defeating the very purpose of the ban. Recognizing its failure, the ban…
Op-Eds
A Federal Black Friday
Black Friday this year was a roaring success. I have heard it said that it is called Black Friday not because it inspires black tempers…
Op-Eds
Manhattan Moment: Here’s the Right Way to Do Regulatory Relief
In the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation. Yet if implemented correctly,…
Blog
Hidden Regulations Stifle Job Creation; EEOC Kills Jobs By Promoting Lawsuits
When reporters write stories about the cost of regulations, they only focus on regulations found in formal codes of regulations. But most regulations aren't formal…
Blog
Barney Frank’s Cognitive Dissonance on Liberties and Risk-Taking
Congress will certainly be different and, for the country, better with the absence of Rep. Barney Frank, who announced today he will not seek reelection.
Blog
Regulation of the Day 201: Playground Chatter
Quebec officials are starting to listen in on what children are talking about on school playgrounds during recess to make sure they are speaking French.
Blog
Update on FMCSA’s Proposed Hours-of-Service Rule
The Federal Motor Carrier Safety Administration (FMCSA), the agency tasked with writing and enforcing safety regulations for large trucks and buses, is due today to…
Blog
Are We Living in Post-Republic America?
Americans have the notion that liberty equals elections, and therefore feel themselves still living in a free country so long as elections proceed as scheduled. But the growth of government bureaucracy…
Blog
Is the Four Loko/FTC Settlement on the Rocks?
If you're a regular reader of OpenMarket.org, then you know we at CEI have written quite a bit on the issue of Four Loko.
Op-Eds
The Root Cause of Market Failure In Higher Education
A little noticed Associated Press news story last week reported that China now plans to phase out college majors that consistently produce unemployable graduates. Any…
Op-Eds
Cut a Cabinet Department? You Must Be Joking
“Laws were most numerous when the state was most corrupt.” — Tacitus, The Annals III.27 Texas Gov. Rick Perry came in for much ridicule for…
Blog
Regulation of the Day 200: Flying Food
Millions of Americans are taking to the skies to spend time with their families over Thanksgiving. Many of them will be carrying leftovers on their…
Blog
Government Meddling Won’t Create Jobs
The Hill recently ran my letter to the editor responding to Sen. Tom Harkin’s column, “Republican attacks on workers’ rights won’t create jobs.” I make…
Blog
CEI Podcast for November 23, 2011: The Most Expensive Regulation of All Time?
What is the single most expensive regulation of all time? Energy Policy Analyst William Yeatman has one candidate: the EPA’s proposal to regulate mercury emissions…
Op-Eds
Obamacare Sequesters Your Flex Account
Attention Joe and Jane Citizen! Concerned about the fiscal future of your country and your family? Then please step away for five minutes from the…
Citation
Clean Energy: The Dirty Truth
CEI fellow Bill Frezza says that government should not pick winners and losers in energy…
Blog
Amtrak Bans 12-Year-Old Unaccompanied Child Riders
In Japan, 6-year-old children are not only allowed to ride the train by themselves, but are eligible for a special fare. Not so in America,…
Blog
Minnesota Gov. Mark Dayton Orders Unionization of Child Care Providers
The NLRB’s pro-union bias and penchant for overstepping legal precedent has spread to Minnesota. Governor Mark Dayton (DFL) issued an executive order calling for…
Blog
Elites of the World, Unite! You Have Nothing to Lose!
And they are — but we have much to lose. See Iain Murray’s latest piece on the EU crisis. The intellectual temptation — the…
Daily Caller
Leaders with Ginni Thomas: Fred Smith, Competitive Enterprise Institute
Daily Caller
Bank Debit-Card Fees Under U.S. Justice Department Review
Blog
Regulation of the Day 199: How to Catch a Tuna
Authorities confiscated an otherwise legally caught bluefin tuna because it was caught with a net. The government intends to sell the fish and keep the…
Blog
Obamacare Attacks Your Flex Account — Minimize Damage in 2013 by Doubling Up for 2012
Hey Joe and Jane Citizen, concerned about the future of your country and your family. Please step away for five minutes from the nonstop TV coverage…
Blog
Middle Class in Big Trouble
A new study titled Growth in the Residential Segregation of Families by Income 1970-2009 by Stanford University researchers throws harsh light on a disturbing…
Blog
Alcohol Regulation Roundup: Turkey Day Edition
As Thanksgiving quickly approaches many hosts and hostesses are scratching their heads about what drinks to pair with their meal items. The Washington Post…
Blog
Regulation of the Day 198: Talking about Water
In a ruling so dumb that only a panel of intellectuals could have written it, the EU has decided that companies may not claim…
Blog
Sen. Hagan Bill Would Expand Accelerated Drug Approval
According to Bloomberg News, North Carolina Democratic Senator Kay Hagan is set to introduce a bill that would create new “progressive”…
Blog
High-Speed Fail: Even Left-Leaning Washington Post Criticizes Obama Administration Rail Boondoggles in California and Elsewhere
Even the left-leaning Washington Post, which has not endorsed a Republican for President since 1952, is getting fed up with the Obama administration's desire to…
Blog
My Job Creation Proposal
Over at The American Spectator, I break down the debate over regulation's impact on the job market and propose one regulation that could create countless…
Letters
Coalition Letter Opposing $730,000 Conforming Loan Limits: Fannie-Freddie Subsidies for McMansions
The Competitive Enterprise Institute has signed a coalition letter with other individuals and public policy organizations opposing the expansion of government-backed mortgages for wealthy home-buyers.
Study
Green Chemistry’s March of the Ostriches
Popular myths about man-made chemicals cause lawmakers to bury their heads in the sand and support restrictive regulations that do not realistically address risks to…
Daily Caller
Letter to the Editor: Government Meddling Won’t Create Jobs
A recent op-ed in The Hill by Sen. Tom Harkin (D-Iowa) (“Attacks on workers’ rights won’t create jobs,” Nov. 15) highlights the need to…
Blog
What’s in My Makeup Bag? — Junkscience
The Oregon Environmental Council and the regional government for the Portland, Oregon, metropolitan area recently released a survey of young women regarding their personal…
Blog
Supreme Court Grants Review in Case Challenging Obamacare as Unconstitutional
The Supreme Court today granted certiorari in the Obamacare cases brought by 26 states and the National Federation of Independent Business. The court allotted 5…
Blog
Alcohol Regulation Roundup: Beer for Our Soldiers Edition
Not to overshadow the once-in-100-year numerically sequenced date, but today is also Veterans' Day. This isn't a great way to get free drinks at the bar…
Blog
2011 Federal Register Tops 70,000 Pages
The next time someone complains about America's unregulated cowboy capitalism, you should ask them where such a thing might actually be found.
Blog
A Backdoor Tax on the Poor
For some time now, the IRS has been flirting with what's called a return-free system. It's being touted as a time-saver. But it would also…
Blog
Smokers’ Opportunity to Quit Smoking Opposed by Blinkered Anti-Tobacco Zealots
As The New York Times' John Tierney notes, a tool to quit smoking and save lives is being blocked by anti-tobacco zealots: If you…
Blog
Liquor Privatization Would Edge Washington State Toward Freedom
Today voters in Washington State will finally have their say in whether or not to get the state out of the business of selling liquor.
DC Velocity
STB Decision Delaying Action on Rail Switching Leaves Shipper Group Hot Under Collar
Blog
Surface Transportation Board Rejects Misguided Push to Re-Regulate the Railroad Industry… For Now
Late last week, the Surface Transportation Board (STB) refused [PDF] to initiate a rulemaking (Ex Parte 711) proceeding that was petitioned by the shippers'…
Blog
Department of Labor Sells Out Union Members for Big Labor 1%
The Department of Labor (DOL) doesn’t need to loosen financial disclosure for union bosses to take advantage of union members’ dues. Yet, this is exactly…
DC Velocity
Michigan’s Keg Tracking Won’t Stop Underage Drinking
Few people will argue against preventing underage drinking. Michigan’s new keg registration law, however, an attempt to trace the buyers of kegs that end up…
Washington Post
A Stake in Financial Markets
Capital standards are critical to the stability of any financial system. However, whether such standards are better achieved by markets rather than political entities…
Blog
Regulation Roundup
If you're in Helena, Montana, never tie a horse to a fire hydrant. It's against the law. Plus more.
Blog
Obama Administration Contributes to Life-Threatening Drug Shortages Even as it Decries Them
In a recent column, Michelle Malkin explained how Obamacare price controls, FDA and DEA rules, and Obama administration policies have contributed to shortages of…
Bryan Triangle
Occupying the Wrong Place
Blog
CEI Podcast for November 3, 2011: Scary Makeup
Senior Fellow Angela Logomasini debunks scare stories that chemicals in makeup and other household products cause cancer, neurological disorders, birth defects, and other health problems.
Bryan Triangle
Reforming the FCC’s Regulatory Process
Blog
Wealthy Chanhassen, Minnesota, NIMBYs Oppose Retail Competition, Support Development Socialism
Reading the tired, silly claims of left-wing, anti-Wal-Mart activists generally makes me yawn. But it annoys me to see some of my former neighbors from…
Blog
Alcohol Regulation Roundup: November 2, 2011
A round up of the interesting booze-related news stories from around the nation. Hint: the two best are at the end. National: Our nation’s…
Blog
Bank of America Debit Decision Doesn’t Negate Dodd-Frank’s Costs to Consumers
Bank of America and other banks are cancelling plans to impose monthly debit card fees. This was one of the ways Bank of America, as…
Blog
Regulation is this Halloween’s Goblin
Uncle Sam may be the biggest spook to business this Halloween. A new Gallup poll of small business owners shows that “complying with government regulations”…
Bryan Triangle
Get a Job!
Repeal Financial Regs Repeal portions of the Bush-era Sarbanes-Oxley Act to make it easier for smaller companies to raise capital by going public,…
Blog
Yes, Regulation Does Keep Unemployment High
Over at RealClearMarkets, my colleague Wayne Crews and I argue that the law of demand holds. Hard to believe that's actually controversial, but that's Washington…
Bryan Triangle
Regulations Are The Boot On Hiring’s Neck
Daily Caller
Regulation Is This Halloween’s Goblin
American entrepreneurs and small business owners have good reason to be scared this Halloween. According to a new Gallup poll, small business owners consider…
RealClear Markets
Yes, Regulation Does Keep Unemployment High
When regulations make hiring employees more expensive, companies won't hire as many of them. It's a simple truth. But it is an inconvenient one…
Blog
Regulation Roundup
Yet another batch of regulatory bloopers: Motorists entering Tacoma, Washington, with criminal intent are required to telephone the chief of police. It is illegal to…
Blog
Biotechnology’s 29th Anniversary!
Twenty-nine years ago tomorrow, the U.S. Food and Drug Administration approved Eli Lilly’s and Genentech’s Humulin, making it the first ever fully…
Letters
Coalition Letter on Sarbanes-Oxley
Full Document Available in PDF Now that the Senate has defeated the so-called American Jobs Bill, which…
RealClear Markets
2012 Candidates Target Costly Enron-Era Law Aimed at Thwarting Accounting Fraud
Blog
Beware of Asking FDA to Change Itself
Every five years, Congress must reauthorize a piece of legislation called the Prescription Drug User Fee Act (PDUFA), which gives the…
RealClear Markets
Flat Tax This: Regulations Are the Boot On Hiring’s Neck
It’s almost 2012, and President Obama still wants a half trillion more from you for jobs spendulus. I’m waiting for Rod Serling to explain this…
RealClear Markets
Competitive Enterprise Institute and Americans for Prosperity Join Groups Opposing Ag Committee Proposal
Majority Leader Kevin McCarthy
House Republicans Work To Reduce The Burdens Stifling Growth For Businesses Small and Large
Blog
The House Considers Legalizing Online Gambling
Defenders of online gambling testified before the House today to beg for their right to gamble legally. Poker Players Alliance Chairman (and former U.S.
Letters
Coalition Letter on Agriculture Spending
Full Document Available in PDF The Competiitive Enterprise Institute signed a…
The Volokh Conspiracy
CEI “Durbin Dollars”
The Volokh Conspiracy
The Stimulus Delusion
Popular delusions are always debunked, but rarely before they do a lot of harm. The ancient physician Galen believed that bloodletting, the forced removal of…
ACLU
I Went to Washington and Democracy Broke Out
Bloomberg
Obama Wrote Fewer Rules Than Bush, Cost More
Bloomberg references Wayne Crews's study on the federal regulatory burden. The administration has 219 major rules under consideration, up from 137 in 2005,…
Blog
Alcohol Regulation Roundup: Ale-oween Edition
National: Phusion Projects, the makers of the now-infamous alcoholic energy drink Four Loko, have reportedly reached an agreement with the Federal Trade Commission (FTC).
SCPR
E-Verify Briefing Turns Into Shouting Match
Blog
Regulation Roundup
It is illegal to slurp your soup in New Jersey restaurants, plus more.
SCPR
Weekend Reading: The True Story of Cosmetics
Washington Times
Wholesale Deception
Beer wholesalers contend that alcohol legislation they are pushing on Capitol Hill would safeguard state and local rights – but in reality, it is…
Washington Times
RedBlueAmerica: Is ‘Regularity Uncertainly’ Holding Back U.S. Economy?
Blog
Truck Drivers Don’t Need a Revised Hours-of-Service Rule
The Federal Motor Carrier Safety Administration (FMCSA) is poised to enact a revised hours-of-service (HOS) rule that would greatly impact commercial motor vehicle operators.
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