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…
Blog
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…
Search Posts
Blog
CEI Podcast for May 8, 2014: The Future of Self-Driving Cars
Marc Scribner talks about his new paper, "Self-Driving Regulation."…
Blog
Air Line Pilots Association Launches Super-Xenophobic Ad against Low-Cost Foreign Airline
The Federal Aviation Administration (FAA) is currently considering whether or not it will honor its EU-U.S. open skies treaty in the case of Norwegian Air…
Blog
California’s Latest Anti-GMO Push
Two years ago, voters in California narrowly defeated Proposition 37 , a ballot initiative that would have required labeling of most --…
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Washington, D.C., Imposes One Percent Obamacare Health Insurance Tax
The costs of Obamacare keep rising. The Council of the District of Columbia has imposed a one percent tax on all health insurance policies…
Blog
Labor/Employment Scorecard Now Includes Votes on David Weil to Head DoL’s Wage and Hour Division
In our scorecard of the United States Senate’s labor and employment votes, CEI's WorkplaceChoice.org has included voting on the movement of David Weil’s confirmation…
Heartlander
The View from the Bottom
Could the economic decline have something to do with the insane increase of federal government regulation? As John Merline asked in Investor’s Business Daily, “After…
The Canal
The US Regulatory Black Hole, Quantified
This week the Competitive Enterprise Institute released its annual report on the failures of the regulatory state. Written by Clyde Wayne Crews, the report is…
Human Events
Regulation Lets Government Grow In The Shadows
“There oughta be a law.” We hear that refrain way too often in this country, from conservatives and liberals alike. The problem is that most…
NCPA
The Regulatory State
It cost Americans a whopping $1.863 trillion to comply with federal regulations in 2013, more than the gross domestic product (GDP) of Canada, according to…
Human Events
Regulations Take $1.8 Trillion Bite Out Of Economy
The Competitive Enterprise Institute (CEI) this week released its annual Ten Thousand Commandments report on the size and scope of federal regulations. According to the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from gooseberry imports to preventing collisions at sea.
Human Events
Fox News: Obama’s record-setting expansion of federal regulations
Watch the latest video at video.foxnews.com…
Trib Live
The Thursday wrap
The Competitive Enterprise Institute calculates that the cost of U.S. federal regulations now is larger than the economies of all but nine countries in the…
Washington Times
Bureaucracy doesn’t just hurt — it kills
With all this outreach to give things away, how big is this federal bureaucracy and its red tape? Clyde Wayne Crews at the Competitive Enterprise…
Blog
Johnson-Crapo Delayed; CEI-Coordinated Coalition Letter Cited as a Factor
Today, in a surprise move, the Senate Banking Committee postponed the vote it had been set to mark up for Johnson-Crapo. Reports vary as…
Blog
CEI Podcast for April 29, 2014: Ten Thousand Commandments
Wayne Crews talks about the new 2014 edition of Ten Thousand Commandments…
Blog
Ten Thousand Commandments 2014
The 2014 edition of Wayne Crews’ annual Ten Thousand Commandments report comes out today…
Daily Caller
The Federal Government Now Consumes 31 Percent Of The US Economy
The federal government now consumes 31 percent of the U.S. economy due to trillions in spending and thousands of pages of costly regulations, according to…
Washington Examiner
Average U.S. household spends more on federal regulations than for health care, food or transportation
Here's a sobering fact likely known to few Americans outside of the nation's capital: The federal government is the only government on earth that collects…
News Release
Federal Regulations Take $1.8 Trillion Bite Out of US Economy
WASHINGTON, April 29 – Today, the Competitive Enterprise Institute (CEI) released its annual Ten Thousand Commandments report on the size and scope of…
Study
Ten Thousand Commandments 2014
Ten Thousand Commandments compiles scattered government and private data on the numbers and costs of regulations and about the agencies that issue them, in an…
Blog
Google’s Self-Driving Cars Approach 700,000 Miles of Crash-Free Driving
In a report released last week for CEI, I noted that developers need to be able to demonstrate automated vehicle safety benefits in order…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from spearmint oil to hot air balloons.
Blog
FCC’s Internet Fast Lanes Should Outrun Net Neutrality Bias
The Federal Communications Commission (FCC) will issue proposed rules May 15, rules expected expected to allow premium pricing for Internet fast lanes alongside the lane…
Blog
CEI Podcast for April 23, 2014: Reforming Fannie and Freddie
Senior Fellow John Berlau argues that a bill from Senators Tim Johnson and Mike Crapo intended to reform Fannie Mae and Freddie Mac would only…
Blog
Driverless Cars, Innovation, and Regulation: Let’s Not Mess it Up
CEI General Counsel Sam Kazman about to take a spin in Google’s self-driving car. (Photo by Marc Scribner) For the past several years, I’ve been…
Blog
Taxable Bitcoins 2: We’re Not Gonna Pay it!
Reason magazine’s Brian Doherty recently addressed the IRS’s recent announcement that bitcoin transactions are taxable. As I addressed in my last piece, while the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from stair-climbing wheelchairs to crustacean irradiation.
Blog
CEI, Former State Department Officials Defend Freedom of Contract in Supreme Court Case against Argentina
[caption id="attachment_74355" align="alignright" width="300"] Argentina President Cristina Kirchner[/caption] Can a country seeking to welsh on its debts invoke sovereign immunity to evade not just court…
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CEI Podcast for April 17, 2014: Brexit Strategy
Iain Murray, CEI's Vice President for Strategy, along with Freedom Association Director Rory Broomfield, won second place Institute for Economic Affairs' Brexit Competition. The goal…
Blog
First Ever Constitutional Ruling against Dodd-Frank Voids Destructive “Conflict Minerals” Section
Today’s ruling of the D.C. Circuit Court of Appeals that Dodd-Frank’s "conflict minerals" disclosure mandate violates the First Amendment is the first time ever a court has…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
59 new regulations, from rearview cameras to pocket gophers.
Blog
EEOC Loses Hypocritical Lawsuit against Employer over Background Checks
"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So began a…
Blog
Pompeo-Butterfield Food Labeling Bill: Valuable But Needs Work
Earlier today, Reps. Mike Pompeo (R-Kan.) and G.K. Butterfield (D-N.C.) introduced a bill in the House that would establish federal standards for the labeling of…
Blog
Administration’s Lack of Transparency Extends to States; The Independence Institute Reports New Findings
Although President Obama occasionally clings to the claim that his administration is the “most transparent” in history, with more and more revelations, this gets farther…
Blog
Threatening Free Speech, New Jersey Court Allows Parents to Be Sued for Children’s Facebook Posts
Earlier, we wrote about a Wisconsin town whose ordinance holds parents liable for bullying by their children, including certain speech. We and law professor…
Blog
CEI Podcast for April 9, 2014: A Consumer’s Guide to Chemical Risk
Senior Fellow Angela Logomasini talks about her new Consumer's Guide to Chemical Risk.
Washington Examiner
More Profits, Fewer Jobs, But Many Fewer Workers, Too
William Galston makes a valid point with his comment that low interest rates may be counterproductive in the country’s search for more employment (“Soaring Profits…
Blog
Professional Licensing: A Risk to the Free Markets and Freedom of Speech
From physicians to dentists to lawyers, the licensing requirements of many professions are well known—but for bloggers? A recent case in North Carolina demonstrates the…
Blog
Food Policy Fight: Junk Study on Vegetarian Diet
Log on to Twitter and you might read: "A vegetarian diet is associated with poorer health, a higher need for health care, and poorer quality…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
79 new regulations, from whistleblowers to watermelon promotion.
Blog
Is High-Frequency Trading a Form of Front-Running?
On 60 Minutes, Michael Lewis accused high-frequency traders of front-running. Apparently it’s become necessary to remind critics of high-frequency trading of the definition of “front-running.” Front-running – n. “The…
Blog
CEI Podcast for April 3, 2014: Clean Air Act Costs and Benefits
Senior Fellow William Yeatman is skeptical of an EPA report claiming the Clean Air Act will have nearly $2 trillion in annual benefits by 2020.
Fox News
Critics say ‘transparent’ administration anything but open about federal regulations
Federal agencies are required to report all the regulatory actions they have under consideration in what's known as the Unified Agenda twice a year. In…
Blog
Is the Stock Market Really Rigged?
Everyone seems to be jumping into the debate about high-frequency trading, now that Michael Lewis is peddling his new book, Flash Boys. Lewis contends…
Blog
Why Is Obama’s Report to Congress on the Benefits and Costs of Federal Regulation Delayed?
In April 2013, the White House Office of Management and Budget (OMB) issued its Draft 2013 Report to Congress on the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from refrigerators to Korean chicken.
Blog
Human Achievement of the Day: Bionic Eyes
You won’t see the glory of human achievement if you abide by the World Wide Fund for Nature's recommendation that you spend an hour…
Blog
CEI Podcast for March 27, 2014: Bait and Reciprocal Switch
CEI Fellow Marc Scribner talks about his new paper, “Bait and Reciprocal Switch: Forced Access Regulation Threatens the Rail Renaissance.”…
Blog
Human Achievement of the Day: 3D Printing Cups, Cars, Houses, and Faces
3D printing is a relatively recent technological development that has already begun to revolutionize model-building, structural and other medical procedures, and construction of items from…
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