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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register topped the 35,000-page mark last week. New regulations cover everything from tariffs on foreign cheese to dental implants to fireworks shows.
Personal Finance Hub
Report finds regulation compliance costs businesses $1.86 trillion
Over the past several years, think-tanks and market-related organizations have released reports that have given the United States low grades when it comes to red…
Blog
Red Tapeworm 2014: The High Cost of Overcriminalization
This is Part 8 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
The Washington Times
DRIESSEN: What’s really behind anti-Keystone fanaticism?
Hedge fund billionaire Tom Steyer has promised to give $100 million to anti-Keystone Democrats, and Hollywood elites are lending their support and filmmaking skills to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Seventy-nine new regulations, from olive assessments to phone calls from prison.
News Release
CEI Sues NSA to Obtain “Destroyed” EPA Phone Records
Contact: Annie Dwyer; 202-331-2765 FOR IMMEDIATE RELEASE June 9, 2014 Competitive Enterprise Institute Sues NSA to Obtain “Destroyed” EPA Phone Records WASHINGTON…
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CEI’s Battered Business Bureau: The Week in Regulation
New regulations published last week cover everything from what to call UV lamps used for tanning to the federal government’s National Sheep Industry Improvement Center.
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Regulatory Improvement Commission
That idea is now captured in a bi-partisan bill in Congress. Wayne Crews and I wrote about it this week in The Washington Times:…
Blog
Ridesharing Wars: Uber, Regulators, and the “California Compromise”
Yesterday, as many in the D.C. metro area are aware, Virginia’s Department of Motor Vehicles sent cease-and-desist letters to Uber (PDF) and Lyft…
Blog
Friday June 6th: Have a Doughnut for Freedom
Do you know what today is? If you said D-Day, you’d be right. But this year, June 6 also marks another, less well known occasion.
Washington Times
A Model for Rolling Back Outdated Regulations
Very few people would argue for maintaining horse-and-buggy rules in the era of driverless cars, such as Google’s recently introduced prototype. Most rules still manage…
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CEI Podcast for June 3, 2014: EPA Proposes Major Carbon Emission Regulation
Senior Fellow William Yeatman breaks down a proposed EPA regulation intended to significantly reduce carbon emissions in the U.S.
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The Doctor Will Release You Now: How Official Time Contributed to the VA Scandal
Socialized medicine and union corruption are a potent combination and, in the case of the VA, a deadly one. The VA scandal has brought the…
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33 House Republicans Join ALPA to Restrict Competition and Soak Consumers
I previously wrote about the campaign from the Air Line Pilots Association (ALPA) against Norwegian Air International's (NAI) attempt to offer low-cost flights from the U.S.
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Seattle Minimum Wage Hike Already Hurting Businesses
What did they think would happen? Seattle is likely to lift its minimum wage to $15 an hour. The move, supported by leftists and labor…
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The Funnel of Gov — OMB’s 2014 Report to Congress on the Benefits and Costs of Federal Regulations
Over the weekend the Office of Management and Budget (OMB) released the 2014 Draft Report to Congress on the Benefits and…
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House Intel Committee Chair Ignores Report Calling NSA Surveillance Illegal
At a recent event titled “A Statesman Forum on Cybersecurity Policy and Diplomacy” at George Washington University, House Intelligence Committee Chairman Mike Rogers (R-Mich.)…
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CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from electric motors to handling kiwifruit.
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Are My Ten Thousand Command “Mints” to Be Regulated?
The Food and Drug Administration FDA wants to regulate serving size of breath mints. That's right. This rule was issued March 2014:…
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CEI Labor and Employment Scorecard: Insourcing Amendment to Intelligence Authorization Act
This week, the Competitive Enterprise Institute (CEI) will score a vote in the U.S. House of Representatives in its consideration of the Intelligence Authorization Act…
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Obama’s New Unified Agenda of Federal Regulations Shows Big Rules Are Growing
In the just-released Spring 2014 Unified Agenda of Federal Regulations, published twice a year by the Office of Management and Budget,…
Washington Examiner
OMB: 13-year High For New And Costly Federal Regulations
The group that tracks regulations, the Competitive Enterprise Institute, told Secrets that Obama has issued far more big dollar regs in his first six years…
Fox News
EPA: The Obama Administration’s New Legislative Branch
Will the Environmental Protection Agency resurrect the defunct Waxman-Markey cap-and-trade bill, a 1,428-page behemoth that threatened to slam the brakes on the U.S. economy before…
Blog
How Policy Makers Should Approach Google’s Driverless Shuttles
Yesterday, Chris Urmson, director of Google’s Self-Driving Car Project, wrote a post for the company blog describing Google’s newest prototype: fully automated vehicles that…
Fox News
Which Study Has The Right Conclusion On Obama Climate Rule?
The Competitive Enterprise Institute, which has long studied the effects of government rules, estimates that “government compliance and intervention” cost the economy $1.8 trillion…
Washington Post
The Obama Economy Offers Bad News For Millennials
Ronald Reagan lightened the weight of government as measured by taxation and regulation. Obama has done the opposite. According to the annual "snapshot of…
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Red Tapeworm 2014: U.S. Regulation Compared to the World’s Largest Economies
This is Part 7 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Dodd-Frank’s Durbin Amendment Drives Up Costs on Memorial Day and Every Day
Over the Memorial Day weekend, the Big Retail lobby created a dubious driving distraction. The Merchants Payments Coalition, whose members include retail giants like Walmart and…
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Senate Leaders Kill Patent Reform, Once again Thwarting Democracy to Protect Special Interests
Hundreds of moderate and conservative bills have passed the House of Representatives, often overwhelmingly, only to die in the Senate without even being voted…
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CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from Panama to refrigerants.
Augusta Chronicle
Is The Private Sector Supposed to Serve Only Government? Of Course Not
For example, Wayne Crews of the Competitive Enterprise Institute, in his latest compendium on federal regulations (Ten Thousand Commandments), alone estimates that their compliance…
Blog
No, Gov. Perry, a Ban on Internet Gambling Won’t Protect the Internet or Individual Freedom
In an attempt to save face, Texas Governor Rick Perry is trying to justify his support for a federal online gambling ban by claiming that it’s the…
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Export-Import Bank Subsidizes the Western World
On its “About Us” page, the Export-Import Bank gives us its purported mission: “Ex-Im Bank does not compete with private sector lenders but provides…
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Red Tapeworm 2014: The Federal Government “Eats” 31 Percent Of The U.S. Economy
This is Part 6 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Congress Must End Department of Transportation’s Abuse of “Unfair and Deceptive Practices” Authority
The Department of Transportation is opening a rulemaking proceeding to, among other things, require airlines and ticket agents to include ancillary fees (for, e.g.,…
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CEI Podcast for May 20, 2014: Phones on a Plane
CEI Fellow Marc Scribner supports the FCC's attempt to lift a ban on in-flight cell phone use.
Blog
Consumers Will Win in Combined AT&T-DirecTV
AT&T agreed Sunday to purchase DirecTV for $67 billion in cash, stock, and acquired debt. If federal regulators approve the deal, the combined firm…
Blog
The Premises of Net Neutrality
In the electric power industry, if you run an extension cord across the street to serve another, you go to jail. The local utility has…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from cotton grading to walk-in coolers.
Blog
Failed Obamacare Exchanges and No-Work Contracts Drive up Obamacare Costs
Politico tallies the rising costs for "four failed Obamacare exchanges," reporting: Nearly half a billion dollars in federal money has been spent developing four …
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No, the FCC Did Not Allow “Fast Lanes” on the Internet, Yet
This week, the Federal Communication Commission (FCC) held an Open Meeting to propose new rules regarding regulation of Internet service providers (ISPs), such as Verizon and…
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Red Tapeworm 2014: Regulations Cost More than Federal Income Taxes
This is Part 5 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Insurance Premiums Rising More Due to Obamacare
There are "rate hikes for all" coming due to Obamacare, predicts The Daily Caller, citing state insurance filings: Virginians will see upped health insurance premiums…
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Johnson-Crapo Is Fannie and Freddie on Steroids
Today, after delays and much opposition from many quarters on different grounds, the Johnson-Crapo housing finance overhaul is set to be voted on by the…
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Red Tapeworm 2014: Regulations Catching Up to Government Spending?
This is Part 4 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Red Tapeworm 2014: Reckoning the Dollar Cost of Federal Regulation
This is Part 3 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Massachusetts Seeks Millions More from Taxpayers as Its Obamacare Exchange Fails
Massachusetts' Obamacare exchange has failed, even though Massachusetts adopted an individual health-insurance mandate in 2006, and thus had a built-in advantage over other states in handling Obamacare's requirements.
Blog
Red Tapeworm 2014: Tardy Bureaucrats Gone Wild
This is Part 2 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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CEI’s Battered Business Bureau: The Week in Regulation
Despite nearly 60 new regulations and more than 1,300 Federal Register pages, regulations remain on a below-average pace this year. On to the data: Last…
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Red Tapeworm 2014: Guess Which Is the Largest Government on Earth?
This is Part 1 of a new series taking a walk through some sections of Ten Thousand Commandments: An…
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