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
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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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…
Blog
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…
Blog
Red Tapeworm 2014: The Expanding Code of Federal Regulations
This is Part 14 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Forbes
Despotism-Lite? The Obama Administration’s Rule By Memo
Congress passed a few dozen bills last year that President Barack Obama signed into law. Outside the normal legislative process, though, federal agency regulations number…
Blog
Red Tapeworm 2014: Cumulative Final Rules in the Federal Register
This is Part 13 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014 Edition)…
Blog
Is John Boehner’s Lawsuit the Best Way to Rein in the Executive Branch?
House Speaker John Boehner plans to sue President Obama over perceived abuses of the separation of powers. Over at the Daily Caller, I argue that…
The Daily Caller
Is John Boehner’s Lawsuit The Best Way To Rein In The Executive Branch?
On Wednesday, House Speaker John Boehner announced plans to sue the White House for breaching the Constitution’s separation of powers. “On one matter after another…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
There were no major regulations this week, but more than 80 little ones, covering everything from a religious exemption to the federal tanning tax to…
Blog
Red Tapeworm 2014: Number of Proposed and Final Rules in the Federal Register
This is Part 12 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Blog
Red Tapeworm 2014: Federal Register Pages Per Decade
This is Part 11 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Blog
Red Tapeworm 2014: A Record Number of Federal Register Final Rule Pages
This is Part 10 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Forbes
The Rise Of Uber Should Have Politicians, Regulators And Crony Capitalists Shaking With Fear
Consumers love choice and convenience, especially when it comes to getting from point A to point B. So as Uber takes the world by storm,…
Blog
Separation of Powers Survived Today by a One-Vote Margin
My colleagues over at GlobalWarming.org are already mulling over what today’s ruling in UARG v. EPA means for the future of American industry and energy production, but there’s…
Blog
Red Tapeworm 2014: Thousands of Federal Register Pages
This is Part 9 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Products
The Cure For Regulation Destabilization
If U.S. federal regulation were a country, it’d be the tenth largest, right there between Italy and India. For the typical family that regulatory cost…
Blog
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…
Blog
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.
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