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: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Blog
The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 5: Executive Agency Regulatory Costs
In Parts 1 through 4 of The 2014 Federal Paperwork and Red Tape Roundup we compiled a basic picture of federal paperwork costs with respect to…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 4: Independent Agency Paperwork Costs
A recent post here at OpenMarket noted the Annual Costs of Independent Agency Rulemakings and presented an annual cost placeholder of $6.14 billion annually stemming from compliance with…
Blog
The Great Unknown – Federal Independent Agencies’ Regulatory Costs
Let’s be independent together! —Herbie the Dentist Elf to Rudolph in Rudolph the Red-Nosed Reindeer Independent agencies are not subject to Office of Management and Budget…
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CEI’s Battered Business Bureau: The Week in Regulation
The federal government took Monday off for Columbus Day, but still managed to pack more than 50 new regulations into a short week. On to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Even with a mid-term election coming up next month, agencies are cranking out a dozen or so new regulations every workday. The federal government also…
Blog
A Pen and Phone Strategy to Shrink Government
President Obama is right that Congress doesn’t do much. That’s not necessarily a bad thing, of course. But the pen and phone strategy Obama proposed…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 2: Billions of Dollars and 13,000 Lifetimes Annually
Whoever makes two ears of corn, or two blades of grass to grow where only one grew before, deserves better of mankind, and…
RealClear Markets
Obama’s Pen and Phone Can Achieve Great Things
"[I]f Congress won't act soon to protect future generations, I will," President Obama warned in 2013. "I will direct my cabinet to come up with…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 1: Big Bucks for Pencil Pushers
The more restrictions and prohibitions are in the Empire, the poorer grow the people. —Lao-Tzu When it comes to red tape and federal paperwork,…
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CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register topped the 60,000-page mark on Friday, and is on pace for the 6th-highest page count in its 79-year history. Along the way,…
Forbes
How Entrepreneurs Can Speak Out About The Cost Of Regulation
When federal bureaucrats in Washington released the Report to Congress on the Benefits and Costs of Federal Regulations for fiscal year 2013, their hope was…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A busy week ended with a flourish, with Friday’s Federal Register alone containing 28 final regulations and 542 pages.
Washington Examiner
Federal Regs Cost $1.88 Trillion, More With Obama’s ‘Pen and Phone’ Rules
Burdensome federal regulations cost American taxpayers and businesses a shocking $1.88 trillion annually — far more than the administration estimates — and that doesn’t include…
The Hill
Black Markets Do Not Protect Minorities
Originally published at The Hill Former Denver mayor Wellington Webb argues in a Sept. 14 op-ed in The Hill that legalized online gambling would…
Blog
Regulator: True Ridesharing Illegal in California
In the past, I’ve noted that carve-outs for ridesharing providers leaves more innovative and disruptive business models—particularly future automated services—illegal. While self-driving on-demand transportation…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new regulations topped 2,500 on the year, while the Federal Register added 1,853 pages to end the week just shy of the…
Forbes
Hairball: The Cost Of Federal Regulation To The U.S. Economy
Before the National Association of Manufacturers even had a chance to release their important new report today on the aggregate annual cost of federal regulations,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short week due to the Labor Day holiday, but agencies still managed to issue more than 60 new regulations and push the…
Blog
Strengthening Executive Branch Review of Federal Regulations
This week marks the due date of public comments on the 2014 edition of the Draft Report to Congress on the Benefits and Costs of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In a week like any other, federal agencies issued regulations for everything from dairy farmers’ profit margins to Canadian apple exports.
Forbes
Here’s How Obama’s Pen and Phone Can Shrink The Federal Government Instead
This week is the deadline for filing public comments on the 2014 edition of a somewhat obscure annual publication called the Draft Report to Congress…
New Jersey.com
Spare the Tire and Spoil the Trip: Another Awful Idea from the Feds
All this to save the mere 30 pounds that a space-saver spare weighs? That sure sounds nutty to me. It also sounds nutty to Sam…
News Release
CEI Files OMB Comments on How to Better Track Costs and Benefits of Regulations
CEI Files OMB Comments on How to Better Track Costs and Benefits of Regulations Calls on President Obama to Use Pen-and-Phone…
Comment
The Federal Office of No
Read the Full Comments Here President Barack Obama’s 2014 State of the Union Address capped many weeks during which he and his…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register burst past the 50,000-page mark with Friday’s 878-page effort, which also contained 21 final regulations and four “significant” documents.
Blog
Voter Ignorance and Political Reform
If you’re a voter in Los Angeles, you just may wind up with an unexpected windfall the next time you cast your ballot. The Los…
Blog
New RegData Site Makes it Easier to Track Regulation
About three years ago, our friends at the Mercatus Center launched a website called RegData that compiles a searchable database on many facets of…
Blog
Red Tapeworm 2014: Are Environmental Protection Agency Regulations Declining? Don’t Bet on It
This is Part 26 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
75 new regulations, from tax delinquents to spectrum auctions.
Blog
Red Tapeworm 2014: Tell Us — Which Regulations Hurt Your Business as You Grow?
This is Part 24 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Despite another 47 proposed regulations and 80 final regulations last week, 2014 remains on pace to have the smallest number of new regulations of any…
Blog
Red Tapeworm 2014: Small Businesses Beaten Down by Recordbreaking Federal Regulations
This is Part 23 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
Uber and Regulation: Pro-Business Is Not Pro-Market
“Republicans love Uber. Young urban voters love Uber. And Republicans hope that means young voters can learn to love the GOP.” That was the opening…
Blog
Red Tapeworm 2014: Completed Economically Significant Rules at Record Levels
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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Red Tapeworm 2014: Big Dollar Federal Regulations in the Pipeline Highest under Obama
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Ninety-eight new regulations, from Moroccan blueberries to home furnaces.
Blog
New Study Estimates around $70 billion in Financial Regulatory Costs
Complying with regulations is part of the cost of doing business. For bigger businesses that can absorb those costs (or rather, pass them on to…
Blog
Red Tapeworm 2014: Here Are the Federal Agencies that Issue the Most Regulations
This is Part 20 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Seventy-four new regulations, from spearmint oil to insurance exchanges.
Blog
Red Tapeworm 2014: Federal Regulatory Agenda Consistently Tops 3,000 Rules
This is Part 19 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In addition to 100 final regulations, 62 proposed regulations made their way to the Federal Register last week.
Human Events
Of Obsolete Regulations and Post-Prohibition Haggis
What comes to mind when you think of Scotland? Bagpipes, certainly, perhaps Scotch whisky, maybe William Wallace (or at least a version that looks suspiciously…
Forbes
Techno-Libertarianism: Building The Case For Separation Of Technology And State
Can we keep government’s hands off the technology frontier? I like to think it makes sense that libertarianism—or classical liberal ideas–would resonate in places like…
Blog
Red Tapeworm 2014: When Regulations Get Delayed
I tend to think bureaucratic regulation often creates tremendous harm, so it’s interesting when those who disagree decide to hold off on regulation when it…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
63 new regulations, from poultry plans to headaches. …
Blog
CEI Podcast for July 10, 2014: The Wire Act and Online Gambling
Michelle Minton argues that the Wire Act applies only to interstate sports gambling, not online gambling as a whole. The Wire Act's 50-year history…
Forbes
After The Fireworks – “For What Did We Throw Off The Yoke Of Britain And Call Ourselves Independent?”
Well, everybody’s back from the beach or the lake, we’re done with our hot dogs and picnics and fireworks. We’re all back in our workplaces…
Blog
Red Tapeworm 2014: Over 24,000 Pen and Phone “Public Notices” Annually
This is Part 16 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the 4th of July holiday, but a busy one. Monday’s Federal Register topped 500 pages, and Tuesday alone saw 29…
Blog
Red Tapeworm 2014: A Fourth of July Reflection on Presidental Executive Orders and Loss of Liberty
In other countries, similar edicts may be known as decrees, orders in council, or fiat. -Wikipedia This is a special July Fourth Edition…
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