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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Free the Economy podcast: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar beliefs,…
Blog
Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
Blog
The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
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Regulation Roundup
King County's $86 fine for swimming without a life vest, plus more.
Comment
CEI Submits Comments on the Proposed Inspection System for Catfish
Full Document Available as a PDF The Competitive Enterprise Institute…
Blog
Supreme Court: California’s Ban on Violent Video Game Sales to Minors Violates Free Speech
California's ban on the sale or rental of violent video games to minors has been struck down by the Supreme Court as a violation…
The Wall Street Journal
Why Your New Car Doesn’t Have a Spare Tire
Auto makers comply with fuel economy mandates by making cars lighter and more dangerous. Fewer tires, higher taxes. That may be what’s in store for…
National Review
Obama Mandates a Market for His Green Cars
Blog
Rail Carriers, Shippers Battle Over Regulation Before the Surface Transportation Board
On behalf of the Competitive Enterprise Institute, I've been involved in an ongoing proceeding before the Surface Transportation Board, the independent Department of Transportation agency…
Blog
A Definition of Unsustainable: The Long-Term Budget Outlook
The Congressional Budget Office has released its latest edition of the Long-Term Budget Outlook, and it makes for grim reading. Federal debt is currently…
Blog
What Unions Could Learn from AARP
Last week the American Association of Retired Persons (AARP) announced a major policy shift regarding Social Security. Formerly seen as the largest opponent to…
Blog
Stealing You Blind: Plans for Future Theft
One of the themes of Stealing You Blind is how public sector unions have worked with politicians to organize an industrial-scale transfer of wealth…
National Review
Catching Air Without NASA: How Will We Regulate Commercial Space Flight?
What if having a vibrant space program requires bypassing NASA? There exist great pressures for change despite NASA’s signature successes. The private experimental launches…
Tech News World
FCC Aims to Get Carriers’ Sticky Fingers Out of Customers’ Pockets
Blog
We Need Regulators, Not Interveners
Most of what people call regulation doesn't have anything to with regular commerce. These kinds of rules are more accurately called interventions.
Blog
Meet Your New Mom: Kathleen Sebelius and Cigarette Warnings
Health and Human Services Director Kathleen Sebelius recently made a revealing statement on how she perceives the role of government and her place within…
Blog
A Peek Inside the Bureaucrat’s Mind
By now, this story about the city of Portland, Oregon, deciding to drain nearly 8 million gallons of water from one…
Blog
Improve Americans’ Physical and Fiscal Health: Cut Out the FDA
President Obama made a big show about cutting “red tape” government regulations that kill jobs and hurt the economy. In addition, members of the…
Blog
More Proof That Unions Don’t Improve Schools
Schools in right-to-work states (where unions are weak) are getting better and better over time compared to schools in heavily-unionized states. As Walter Russell Mead…
Tech News World
Upton: House Will Vote to Bring Back the Bulb
Daily Caller
Regulators Should Regulate Economy, Not Intervene In It
Just as surely as summer is followed by autumn, it seems that these days every proposed corporate merger is followed by antitrust complaints —…
New American
Regulating Jobs to Death
The New American discusses Wayne Crews's study on the size of the federal regulatory burden. A much more somber rendering of the regulatory…
Blog
“Uncertainty” Not the Whole Story of our Economic Doldrums
As those engaged in the policy battlefield, our focus is often on taking apart arguments used to advanced proposed solutions we disagree with. But sometimes…
Blog
New Bill Would Tax Online Gambling
Yet another online gambling bill to add to the pile, Rep. Jim McDermott introduced the igaming taxation and regulation bill that he unsuccessfully…
Blog
FDA Overkill on Cigarette Packaging
Get ready to see nine sensationalistic images depicting the dangers of smoking on cigarette packs beginning September 2012. Rotted lungs and teeth, chest holes,…
New American
Liberate ATMs and Credit Unions to Jumpstart Jobs
“ATMs don’t destroy jobs,” tweeted Davd Burge of the Iowahawk blog in response to Obama’s now-infamous “Today Show” explanation of unemployment. “Politicians who…
Blog
No Such Thing as an Average Cancer Patient
CEI Senior Fellow Greg Conko has an excellent piece in today's Wall Street Journal. Greg doesn't think it's right that the FDA is denying terminally…
Blog
The Cloak-and-Dagger Fed
Wiretaps, surveillance, and searches of private property cannot be authorized and executed without a warrant issued by a judge, who (hopefully) maintains the commitment to…
New American
There’s No ‘Average’ Cancer Patient
On June 28, the Food and Drug Administration (FDA) will hold a hearing to decide the fate of Avastin, a drug taken by thousands…
Blog
In Journalism, Scaremongering Pays — Or, Is Ethical Journalism an Oxymoron?
As legal commentator Ted Frank notes, ABC was rewarded for deliberate scaremongering and deceptive reporting that created needless fear and anxiety among Toyota owners…
Blog
Lessons in Entrepreneurship: Lemonade Stand Edition
Lemonade stands are technically illegal in Montgomery County, Maryland.
Blog
Government’s Next Scapegoat
The SEC is bringing fraud charges against leading credit-rating companies for not being thorough enough in their research to determine ratings on mortgage-backed securities…
Blog
Life, Liberty, and Internet?
Josh Smith reports in National Journal that Representative Doris Matsui (D-Calif.), has proposed legislation to provide subsidized Internet services to low-income Americans. The…
Blog
Wisconsin Supreme Court Upholds Collective Bargaining Law, Reversing Court Ruling Striking It Down
In a 4-to-3 vote, the Wisconsin Supreme Court has upheld the state's new law limiting collective bargaining with government-employee unions. As the Heritage Foundation's…
Blog
FDA Should Not Mandate Comparative Effectiveness Trials
AEI resident fellow Scott Gottlieb has a new paper out explaining why the FDA should not force…
Blog
Sunblock: Still Can’t Protect You from the FDA
The FDA is rolling out new labeling rules for sunscreen. First, sunscreens that don’t offer “enough” UVA protection (which has been shown to prevent…
Blog
Standardized Test Scores Continue to Disappoint
Children would be far better served if government were to take a leading role in K-12 education… oh, wait.
Blog
Shovel-Ready Was Never Shovel-Ready
President Obama has belatedly realized that the “shovel-ready projects” he touted so much in his stimulus bill two years ago were anything but: “Shovel-ready…
Knowledge Problem
Distortionary Effects of Three-Tier Liquor Regulation, Wisconsin Edition
Blog
Voodoo Economics Behind Government Demand for Mortgage Write-Downs by Big Banks
In 2010, Obama administration allies proposed a trillion-dollar bailout for those lucky mortgage borrowers whose loans were owned by the government-backed mortgage giants Fannie…
Blog
American Sociological Review Finds that Right-to-Work States are Better for Business
The June publication of the American Sociological Review contained research on right-to-work states. The research in “Laws of Attraction: Regulatory Arbitrage in the Face of…
Comment
CEI Submits Comments on the AT&T — T-Mobile Merger Before the Federal Communications Commission
Full Docmument Available in PDF The Competitive Enterprise Institute submits this reply comment regarding the…
Blog
Tea Party vs. Tea Partly
In noticing the upcoming debate tonight featuring Republican contenders, I wondered to myself under which candidate would the federal government actually be smaller after four…
Pittsburg Post-Gazette
Set free our risktakers
The Pittsburg Post-Gazette references Wayne Crews's article on the cost of federal regulations. Businesses must spend more than $1.75 trillion each year to…
Blog
Alcohol Regulation Roundup: June 10, 2011
Reporting from around the nation on the ridiculous, the sad, and the sometimes positive news about the state of alcohol regulations. National: BuyaBeerCompany.com, a…
Blog
Regulation Roundup
A new Senate bill would make lip-synching to other people’s music a jailable offense, plus more.
Blog
Breaking Up is Hard to Do for Michigan Brewers
If you thought leaving a spouse was tough, just be thankful that you're not a brewery in need of a divorce from your dead-beat distributor.
Blog
Yet Another Way That Obamacare Is Unconstitutional: The Arguments in Florida v. HHS
In the Washington Examiner, I discuss the brief I recently filed on behalf of Minnesota and North Carolina legislators challenging Obamacare, which…
Pittsburg Post-Gazette
GOP’s ‘Durbin Dozen’ Keeps Dodd-Frank Price Controls
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And Wednesday, a bipartisan group of 54 Senators responded to concerns from…
Blog
GOP Durbin Dozen Blocks Dodd-Frank Rollback
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And yesterday, a bipartisan group 0f 54 Senators responded to concerns…
Blog
Regulation of the Day 180: Braiding Hair
Businesses often use regulations as a cudgel to bludgeon their competitors. Occupational licensing is one of the most-abused types of regulation.
Blog
Delaying Dodd-Frank’s Durbin Price Controls Would Save Retailers From Themselves
Today is the day, as a bipartisan amendment comes to the Senate floor delaying draconian price controls on debit card transaction fees from Dodd-Frank's Durbin Amendment, that the Senate has an…
Pittsburg Post-Gazette
To Stimulate Economy, End Predatory Abuse Of Antitrust
Among numerous steps needed to stimulate a double-dipping economy, one is to make antitrust not pay anymore. AT&T’s $39 billion merger with T-Mobile (a…
Pittsburg Post-Gazette
Vincent Vernuccio on the Pay Freeze That Wasn’t
Competitive Enterprise Institute Labor Policy Counsel Vincent Vernuccio explains that President Obama's so-called pay freeze for federal workers did not affect automatic "step" and "grade"…
Blog
The Last Nail in the Coffin for the Fairness Doctrine?
In response to calls by lawmakers for the Fairness Doctrine and related measures to be permanently removed from the Federal Register, FCC Chairman Julius Genachowski…
Blog
Liberal Economist Peter Diamond Withdraws from Contention for Federal Reserve
MIT’s Peter Diamond has withdrawn his nomination to the Board of Governors of the Federal Reserve System. I earlier explained how Diamond’s nomination by…
Blog
Wisconsin Proposal Hurts Craft Beer, Protects Big Brewers
In the battle between international brewing giants SABMiller and ABInBev, Wisconsin craft brewers could bear the heaviest burden. On May 31, the state legislature’s Joint…
Comment
Official Time: Good Value for the Taxpayer?
Full Testimony Available as a PDF Watch Video of the Hearing Here Official time does not represent good value…
Blog
Regulation of the Day 179: Giving Food to Homeless People
Last Wednesday, three people were arrested in Orlando for giving food to homeless people.
Blog
E. Coli Outbreak Linked to Organic Farming … Again
Although it’s not 100 percent certain at this time, German health officials are becoming increasingly certain that the recent E. coli…
Pittsburg Post-Gazette
Nobody for Commerce Secretary
In choosing John Bryson as his nominee to be the next U.S. secretary of commerce, President Obama has chosen a perfect representative of our new…
Pittsburgh Live
Needed: A washing machine that washes
Blog
Even Liberal Washington Post Casts Doubt on Auto Bailouts
"Only 16 percent of executives in the auto industry" support the Chrysler bailout, according to the Washington Post’s editorial today. I think the bailout…
Blog
Regulation of the Day 178: Helping Tornado Victims
Mike Haege, a tree-trimmer in Hastings, Minnesota, was threatened with jail and fined $275 for helping clear damaged trees from tornado victims' yards.
Blog
California Social Networking Bill In Its Death Throes
In Sacramento, California, a bill that would regulate social networking is reportedly on its death bed after failing by five votes last week. The online…
Blog
Regulation Roundup
Tennessee makes it illegal to use someone else's Netflix password, plus more.
Blog
NFL, Players in Court Today
Today is a crucial day in the ongoing labor dispute between the NFL and the supposedly disbanded players’ union, the NFLPA as they return to…
Blog
Planning to Disaster: San Diego and California’s Sustainable Communities Strategies
The San Diego metro area has been institutionalizing its boring reputation by undertaking in recent years what is arguably the most aggressive regional planning effort…
Pittsburgh Live
Deregulation Now!
Today’s much weaker than expected employment numbers show that the president’s agenda of more regulation and increased spending has undoubtedly failed. However much…
News Release
Depressing Unemployment Numbers Today Exacerbated by Crushing Regulations, Obama Labor Union Agenda
Washington, DC, June 3, 2011 – Bad news for the American economy and the Obama administration comes today in the form of paltry job growth…
Blog
A Culture of Deceit
Last month Governor John Lynch issued a statement explaining his veto of HB 474 to make New Hampshire a right-to-work state. His explanation included:…
Blog
An Alaskan Mining Project: One Example of How Environmental Regulations are Strangling the U.S. Economy
Rick Manning of Americans for Limited Government notes here that one of the reasons the American economy is stuck in neutral is that investors…
Study
The Battle for Michigan
Full Document Available in PDF Michigan’s economy has been weakening for years as the Big Three…
Pittsburgh Live
Lawmakers At Odds Over ‘Official Time’
Pittsburgh Live
“Official Time” or Unofficial Scam? Your Tax Dollars Are Being Used For Union Business.
Pittsburgh Live
“Official Time” or Unofficial Scam? Your tax dollars are being used for union business
Pittsburgh Live
Vincent Vernuccio on Official Time
CEI Labor Policy Counsel Vincent Vernuccio discusses unions using taxpayer money for their own organizational activities.
Detroit News
Michigan Target of EPA Carbon Diktat
Yahoo! News
Taxpayer Watchdogs: $14 Trillion U.S. Debt Leaves No Room For Treasury-Backed Loan Guarantees For Energy Projects
Investors.com
Palin: End All Energy Subsidies
Blog
CEI Podcast for May 31, 2011: FDA Rescinds Approval of Breast Cancer Drug
Conko believes this battle boils down to one question: who decides which treatments patients can use? Will it be the FDA, or doctors and patients?…
Blog
California High-Speed Rail All Strung Out on Stimulus on the Outskirts of Town
Emily Washington of Market Urbanism highlights this Los Angeles Times article on the latest — depending on your outlook: hilarious or pathetic —…
Daily Caller
Immigration Reform Can Jumpstart Economy
Jeffrey is a talented electrical engineering PhD student at CalTech. He already holds three patents. One of his inventions may cure glaucoma. It is…
Wall Street Journal
Not So Cool Rules
The Wall Street Journal cites Wayne Crews's study on the size of the federal regulatory burden. The best measure of the overall regulatory…
Blog
Regulation Roundup
Some of the zanier happenings in the world of regulation:…
Wall Street Journal
Washington Declares War on Debit Cards
Wall Street Journal
Critics: Obama Milk Reg Change ‘Udderly’ Ridiculous
Wall Street Journal
Are Milk Spills Toxic?
CEI’s Director of the Center for Energy and Environment Myron Ebell discusses the extent of federal regulations. The Environmental…
Blog
CEI Podcast for May 26, 2011: President Obama Proposes Deregulation
Cass Sunstein, President Obama's regulatory czar, announced today that the administration intends to repeal regulations from 30 different agencies. CEI Vice President for Strategy Iain…
Blog
Obama’s Regulatory Reform: The Costs of Benefits
My colleagues commented above on the Cass Sunstein lecture at the American Enterprise Institute called "Regulatory Look-Back: A First Look," about agency's supposed eagerness to…
Blog
Avastin and Breast Cancer: The Median is Not the Message
The New York Times ran an op-ed yesterday by oncologist Frederick Tucker urging the Food and Drug Administration to stand by…
Blog
Deregulatory Baby Steps
In a welcome move, the White House announced this morning that a review of regulations by government departments had found 30 (count 'em) regulations…
Blog
Sunstein and Obama, Deregulators?
Winston Churchill observed that "Americans can always be counted on to do the right thing...after they have exhausted all other possibilities." We may finally be…
PJ Media
The Price of Beauty: Chemicals in My Cosmetics?
I am not a morning person, but every day a host of personal care products — from toothpaste to mascara — help me transform…
Reuters
Revamped Vehicle Fuel Economy Stickers Add GHG, Savings Data
Blog
Regulation of the Day 177: Single-Wide Trailers
In Cordova, Alabama single-wide trailer homes are illegal. After years of lax enforcement, regulators are cracking down after tornadoes left many residents homeless.
Blog
NLRB Targets Boeing, Ignores Congress
It is now well known that the Obama administration is trying to use the National Labor Relations Board (NLRB) as a battering ram to…
Blog
New York Times on “Paternalistic” Government
The Dining section of today’s New York Times has a short piece reporting that the U.S. Department of Agriculture has lowered…
Blog
Dismantling Sarbanes-Oxley
My colleague Ryan Radia and I recently wrote in an editorial for Investor's Business Daily that the 2002 Sarbanes-Oxley Act should be dismantled for the…
Blog
Mind-boggling Increase in Tuition Since 1960 Even as Students Learn Less and Less
There has been a truly mind-boggling increase in college tuition since 1960. For example, law school tuition has risen nearly 1,000 percent after adjusting…
Blog
Alcohol Producers in Texas Must Unite For their Right to Produce
As discussed in my latest "Alcohol Regulation Roundup" post, a representative for brewing giant, Anheuser-Busch (AB-InBev) testified at a Lone Star State Senate…
Investor's Business Daily
Reform Sarbox To Galvanize High-Tech IPOs
Silicon Valley is teeming with budding startups whose user bases and valuations are skyrocketing. As these companies seek breathing room to grow, they will…
The American Spectator
Unionization Via Regulation
Are unions desperate? When it comes to reviving their fortunes in the private sector, it certainly seems that way. Union leaders, unable to reverse…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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