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
This week in ridiculous regulations: Bent coins and Irish potato taxes
The leader of the Hezbollah terrorist group died in an Israeli military strike. The 2024 Federal Register is poised to reach 80,000 pages this week.
Blog
Iowa’s ‘Lean-in’ approach to successful permitting reform
The State of Iowa has made significant strides in improving its environmental permitting processes, thanks to innovative reforms spearheaded by the state’s Department of Natural…
Blog
Pen and phone power: How presidential documents are changing the rules
Presidential executive orders and directives have long played a pivotal role in shaping federal policies and regulations. As President Obama famously remarked in 2014, “I’ve…
Search Posts
Products
Chapter 3: What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
The cumulative high end for costs in the three recent fiscal years is around $4.6 billion, compared to around $105 billion for the prior 10…
Products
Chapter 4: Tens of Thousands of Pages and Rules in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its number of pages is…
Products
Chapter 8: Analysis of “The Regulatory Plan and Unified Agenda of Federal Regulations”
“The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions” (the Agenda) is the document in which agencies have outlined their priorities since…
Products
Chapter 10: Liberate to Stimulate
Policy makers frequently propose spending stimulus to grow or strengthen economies. That has certainly been the case during the past two years in response to…
Products
Executive Summary – Ten Thousand Commandments 2022
Download the Executive Summary as a PDF The Congressional Budget Office’s (CBO) February 2022 Budget and Economic Outlook, covering 2022 to 2032, shows discretionary,…
Products
Executive Summary – Ten Thousand Commandments 2022
The Congressional Budget Office’s (CBO) February 2022 Budget and Economic Outlook, covering 2022 to 2032, shows discretionary, entitlement, and interest spending of $6.822 trillion in…
Products
Chapter 9: Government Accountability Office Database on Regulations
The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number of proposed and final rules—both those that…
Study
Ten Thousand Commandments 2022
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
News Release
Report: Biden Upends Role of Federal Regulators to Seek Climate, Social Justice Policies
A new Competitive Enterprise Institute report documents how regulations imposed by the federal government on the private sector have radically shifted since President Biden…
Federal News Network
A snapshot of federal rule-making and its wide scope
Federal News Network cites CEI’s Clyde Wayne Crews on federal rule making: Rulemaking is one of the most widespread activities in the federal government.
Blog
Questions the 118th Congress Should Ask OMB’s Office of Information and Regulatory Affairs
The Senate Homeland Security and Government Affairs Committee recently held a hearing on the nomination of Richard L. Revesz to be Administrator of the…
Blog
A One-Pager on an “Abuse-of-Crisis Prevention Act”
In recent months CEI has presented the case for a “Abuse of Crisis Prevention Act” to counter and prevent the political predation that continues to…
Blog
Tackling Unmeasured Government Growth Must be Prioritized in the 118th Congress
Fred L. Smith Jr., the founder of the Competitive Enterprise Institute, refers to the regulatory state as the least disciplined part of the federal enterprise.
Blog
The Jones Act vs. Puerto Rico, Again
Puerto Rico is almost entirely without power after Hurricane Fiona. Right now, there is a ship just offshore, ready to help. It has…
Comment
Comments to the Federal Trade Commission Regarding the Motor Vehicle Dealers Trade Regulation Rule
Comment Submitted: September 12, 2022 Docket No. FTC-2022-0046-0001 On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to…
National Review
The Skyrocketing Cost of Staying Cool This Summer — and Future Ones
Add air conditioning to the long list of items experiencing inflation under the Biden administration. Whether it is fixing your home’s existing system or buying a…
Blog
CDC Restructuring Shows that Institutions Matter
One of my policy mantras is that institutions matter. That’s why the Centers for Disease Control and Prevention’s (CDC) restructuring announcement is big…
Inside Sources
Counterpoint: Manchin Disappoints With Inflation Reduction Act
Throughout Joe Biden’s presidency, Sen. Joe Manchin, D-W.Va., has acted as a check on his party’s worst excesses. Manchin has stopped billions, possibly trillions, of…
Forbes
Biden Administration Releases Updated Regulatory Agenda
Apart from a one-time Obama-era glitch, federal agencies have highlighted selected regulatory priorities in Spring and Fall editions of the …
News Release
CEI Report Proposes Legislation to Stop Future Congresses from Exploiting National Crises to Grow Government
WASHINGTON—The United States has been rocked by three major economic crises so far in the 21st century—the 9/11 terror attacks, the 2008 financial crash, and…
Study
The Case for Letting Crises Go to Waste
Executive Summary An Abuse-of-Crisis Prevention Act to reaffirm boundaries of politicians and the legislation they can pass has become necessary to the survival of limited…
Blog
A Brief Outline of a Regulatory Report Card Congress Should Enact
Measure what is measurable, and make measurable what is not so. — Quote frequently attributed to Galileo, that, alas, probably was not…
The Washington Examiner
Warning: Biden’s Costly Overregulation Turns ‘Extreme’
The Washington Examiner cites Vice President for Policy and Senior Fellow Wayne Crews on President Biden’s Trucking Action Plan and Vice President Kamala Harris’ federal…
National Review
If You Really Want Broad-Based Prosperity, Dismantle the Regulatory State
National Review cites Vice President for Strategy Iain Murray on dismantling the regulatory state: So argues Iain Murray of the Competitive Enterprise…
Law & Liberty
Dismantling the Regulatory State
Samuel Gregg’s lead article adroitly sketches the opportunities and obstacles to America building a broad-based economy, but I want to focus on one particular…
Forbes
Biden’s $5.79 Trillion 2023 Budget Proposal Would Also Expand Regulation
A billion here and a billion there, as the old saying went, would eventually add up to real money. Not so much…
The Washington Examiner
Biden Regulating ‘Wokeness’ and Socialism into Federal Policy: Expert
The Washington Examiner cites Vice President for Policy Wayne Crews’ report on Biden’s government equity agenda: “Biden’s ‘whole of government’ equity agenda…
The Washington Examiner
Stymied in Senate, Biden Sets Off ‘Big Bang’ of Regulations
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden’s increased regulatory program proposals: In opening the regulations spigot,…
Inside Sources
Lawmakers Can Help Boost Virginia’s Economic Dynamism with a Regulatory Sandbox Program
As Virginia’s economy recovers from the COVID-19 pandemic, state lawmakers are looking for ways to attract businesses and promote technological innovation. However, many entrepreneurs and…
Forbes
State & Federal Officials Move to Regulate & Even Ban PFAS Chemicals, But Many Wonder if that Makes Sense
Forbes cites Vice President for Policy Wayne Crews on the cost of federal regulations: Federal regulations cost employers, workers, and…
The Doug Collins Podcast
AUDIO: How the Government Regulates Every Room in your House: From Shower Heads to Dishwashers
Senior Fellow Ben Lieberman joins The Doug Collins Podcast to discuss regulations in households: Click here to read more.
The Washington Examiner
Regulatory Costs Soar as Biden Adds Rules Faster Than Predecessors
The Washington Examiner cites Vice President for Policy Wayne Crews on Biden Administration regulations: In a broader sense, Wayne Crews, vice president…
Reason
Lawsuit from Former Students Alleges Financial Aid Price Fixing at Elite Universities
Reason cites Vice President for Strategy Iain Murray on how federal regulations affect student loans: Iain Murray, the vice president for strategy…
News Release
Inflation Hits 40 Year High, but Policymakers Can Fix It
Inflation is up, again, the Bureau of Labor Statistics reports today. The Federal Reserve has a clear job to do, but Congress and President…
The Economist
Enthusiasm for Regulation, Often in Areas Like the Climate, Shows No Sign of Flagging
The Economist cites Vice President for Policy Wayne Crews on regulatory guidance: Many new instructions come not as formal rules but in…
The Washington Examiner
Zogby: US Overwhelmingly Wants Less Federal Meddling
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden and regulations: The results were stunning, especially coming at…
Forbes
Joe Biden’s Year in Federal Regulation, 2021
Today is New Year’s Eve. Yesterday, December 31, 2021 was the last federal workday of the year. This presents an obvious opportunity to survey the Federal…
News Release
Consumer Spending Growth Slows: COVID, Inflation, Supply Networks Are Factors: CEI Statement
On news today that inflation rose again in November, CEI Senior Fellow Ryan Young urged policymakers to do their part by spending less: “Consumer spending grew…
Blog
Best Books of 2021: Keith E. Stanovich, The Bias that Divides Us: The Science and Politics of Myside Thinking (MIT Press, 2021)
Today’s political polarization isn’t just annoying; it’s damaging important cultural and family institutions. And tensions won’t deescalate until people figure out the root of the…
Forbes
Here Are the 295 Costliest Rules in Biden’s Fall 2021 Unified Agenda of Federal Regulations
Along with the big spending, there’s big regulation, too. It seems to be mounting a return. Federal agencies issue …
News Release
Biden EPA Fuel Standard Will Impose All-Pain, No-Gain Policies on Consumers
The Biden administration today announced a final rule raising fuel economy standards for cars and small trucks, reversing a more sensible Trump-era rule. The new…
Forbes
The Fall 2021 Unified Agenda of Federal Regulations Delivers on Biden’s Promises of Government Activism
Each Spring and Fall since the 1980s, federal agencies have highlighted some of their regulatory priorities in the Unified Agenda of Federal Regulatory…
The Washington Times
Inflation, Supply Shortages Drive up Christmas Tree Prices
The Washington Times cites Senior Fellow Ryan Young on Christmas tree sales: Ryan Young, a senior fellow at the libertarian Competitive Enterprise…
Forbes
This Thanksgiving, Big Government Is the Turkey
The turkeys Peanut Butter and Jelly got a Thanksgiving pardon from Joe Biden at the White House. Presentation of a turkey to the POTUS…
The Washington Examiner
Biden Ramps up Costly Regulations and Hidden Taxes
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden and regulations: “Halloween may be over but Tyrannosaurus Regs…
News Release
CEI Experts Weigh In on Reconciliation Framework Agreed to by White House and Congressional Democrats
WASHINGTON – The White House and congressional democrats announced agreement on a “framework” for a reconciliation bill that will spend nearly $2 trillion and includes…
News Release
U.S. Economic Growth is Slow, Bouncing Back, but Government Big Spending Remains a Threat
The U.S. economy grew at a 2 percent annualized rate in the third quarter of 2021, the slowest increase since the close of the 2020…
Forbes
Congress Should Charter an “Office of No” to Counter Federal Overregulation
While you’ll never hear it from NPR or the rest of the monoculture media, “rule of flaw” by federal agency bureaucracy can impede economic…
Blog
IRS Licensing of Tax Preparers Is Ripe for Abuse
Roughly a quarter of all jobs in America now require some sort of occupational license. Sixty years ago, it was about one job in…
Blog
September Inflation Remains High and Fixable
Inflation remains high, with September’s numbers coming in at a 5.4 percent annualized rate, the highest number in a decade. The Federal Reserve’s target…
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