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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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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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…
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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…
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CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from refrigerators to Korean chicken.
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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…
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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.”…
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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…
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Sneaky Regulation? Federal Agencies Issue over 24,000 “Public Notices” Annually
A mixed economy like ours does not remain static. Economic activity increasingly shifts toward government outright (health care, retirement, education) or exists under "Mother-May-I" constraints…
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How Matt Drudge (and Other Obamacare Victims) Can Escape the “Liberty Tax”
Former Competitive Enterprise Institute Research Associate Michael Mayfield provided invaluable assistance with this post. Matt Drudge's widely discussed…
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CEI Appeals Agency’s Withholding of Documents about Its 2013 Government Shutdown Shenanigans
Earlier, I wrote about how Obama administration officials have been very “tight-lipped in response to FOIA requests” about their “government shutdown shenanigans,” such as closing private…
News Release
Special Interest Lobby Threatens Freight Rail Deregulation
WASHINGTON, March 24 – A new effort by special interest groups threatens much-needed freight-rail investment, according to a new…
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Draconian Dodd-Frank Durbin Debit Controls Need Not Be More Destructive, Court Rules
As the weather finally turns to spring, the D.C. Circuit Court of Appeals today blew a nice cool breeze of common sense. A bipartisan three-judge…
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Johnson-Crapo Is Phony Fannie-Freddie Reform
Ever since the phrase appeared in Shakespeare's Romeo and Juliet, "A rose by any other name would smell as sweet," and its variations, have…
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Beekeeper Speaks Out against Anti-Pesticide Campaigns
Anyone worried about honey bee survival should read the piece by Canadian beekeeper Lee Townsend in the Guelph Mercury newspaper. In recent years, beekeepers have…
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New Data: Code of Federal Regulations Expanding, Faster Pace under Obama
The annual Code of Federal Regulations (CFR) is the "codification of the general and permanent rules published in the Federal Register…
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CEI’s Battered Business Bureau: The Week in Regulation
67 new regulations, from reformulated gasoline to vitamin D2.
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Bureaucrats Line Up to Regulate Bitcoin
The regulators are tasting blood around bitcoin, and like sharks they are positioning for the kill. The blood that they taste was not actually shed…
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Reining in the Executive Branch Bureaucracy, Part 11: Sunset Regulations and Implement a “One In, One Out” Procedure
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from soybean referendums to jaguars.
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Reining in the Executive Branch Bureaucracy, Part 10: Congress Should Create an Annual Regulatory Reduction Commission
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI Podcast for March 6, 2014: The ALERT Act and Regulatory Transparency
Last week was Stop Government Abuse Week in Congress, and the House passed a number of reform bills that would increase government transparency. One of…
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Obama and Camp’s “Carried Interest” Canard Adds Cost and Complexity to Code
Once again, according to a White House summary of his 2015 budget to be unveiled later today, President Obama will call for "closing loopholes"…
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Obama FY 2015 Budget: Aviation Funding Recommendation Not Great, But a Step in the Right Direction
President Obama released his Fy 2015 budget today. Like his past budgets, as I noted in a previous post discussing the highway and…
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JAMA’s Dangerous Hype: BPA and Cash Register Receipt Research Letter
This month’s issue of the Journal of the American Medical Association (JAMA) contains a “research letter” on a “study” conducted by researchers at Harvard…
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CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from grading grapefruit to detaining journalists.
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Bad Highway Policy Is a Bipartisan Affair
Two major pieces of surface transportation policy news dropped this week. President Obama is readying the release of his budget, which will contain over $300…
National Review
‘Stop Government Abuse’ Week
This week, House majority leader Eric Cantor (R., Va.) is promoting a series of ten bills as part of his Stop Government Abuse Week (hashtag:…
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CEI Podcast for February 27, 2014: Can the EPA Regulate Greenhouse Gas Emissions?
The Supreme Court heard oral arguments this week in a case that could determine whether or not the EPA has the authority to regulate greenhouse…
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Reining in the Executive Branch Bureaucracy, Part 9: Congress Must Affirm Final Agency Rules before They Are Law
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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Reining in the Executive Branch Bureaucracy, Part 8: Create a Culture of Repealing Regulations
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI’s Battered Business Bureau: The Week in Regulation
35 new regulations, from helicopter ambulances to infant formula.
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GW’s Entrepreneurship and Crowdfunding Barriers to Today’s Revolutionary Entrepreneurs
Happy Washington’s birthday, everyone! Although the holiday was on Monday, George Washington’s actual date of birth is tomorrow, February 22, in the year 1732. And…
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CEI Podcast for February 20, 2014: The Expanding Regulatory State
CEI Fellow Ryan Young discusses the large stock of existing regulations and the rapid flow of new regulations.
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Minimum Wage Increase to Wipe Out 500,000 Jobs
"Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing" would "cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst…
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Suing the IRS – And Winning
Proving that sometimes good guys can win, our friends at the Institute for Justice are celebrating a big win against the IRS.
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Here Are the Obama Administration’s 191 Big-Dollar “Economically Significant” Rules and Regulations
If you pay any attention to the debate over federal regulation (there are at least three or four of you), you inevitably hear about "economically…
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CEI’s Battered Business Bureau: The Week in Regulation
56 new regulations, from lamp fixtures to handling potatoes.
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CEI Podcast for February 12, 2014: Are Cell Phones Coming to an Airplane Near You?
CEI Fellow Marc Scribner opposes a bill that would ban in-flight cell phone usage on airplanes. He believes that decision should be left to airlines,…
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No Obamaloans at the Post Office!
While Sen. Elizabeth Warren may proudly brand herself a populist, in her latest crusade, she is casting her lot with fat cats. Warren wants to…
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Obama Major Regulations 29 Percent Higher Than Bush
The 1996 Congressional Review Act (CRA) requires agencies to submit reports to Congress on their major rules — frequently defined as those costing $100 million…
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House Committee to Markup Bill Banning In-Flight Cell Phone Calls
Tomorrow morning (Tuesday, February 11), the House Transportation and Infrastructure Committee will markup the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act (H.R.
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Reining in the Executive Branch Bureaucracy, Part 7: Recognize and Reduce Indirect Costs of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI’s Battered Business Bureau: The Week in Regulation
55 new regulations, from kiwifruit administration to dehumidifiers.
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More Equality in the U.S. Than in Europe: When the Minimum Wage Buys More in the U.S.
France and England may have higher minimum wages than most of the U.S. does, but things cost so much there that minimum-wage workers can afford less stuff…
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Waxman’s Last Stand on Net Neutrality
It was announced that Rep. Henry Waxman, D-Calif., is proposing new net neutrality legislation. The proposed bill has likely been made…
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Reining in the Executive Branch Bureaucracy, Part 6: Deal with the Deadweight Cost of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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New York Alcohol Bill Benefits Big Business at Consumers’ Expense
New York’s consumers and small alcohol retailers could soon be paying more for their tipples, for the benefit of big wholesalers. A bill now making…
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Two Million Jobs Will Disappear Due to Obamacare, CBO Predicts; Deficit to Rise
“The new healthcare law will slow economic growth over the next decade, costing the nation about 2.3 million jobs and contributing to a $1 trillion…
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USDOT Calls for Connected Vehicle Mandate; Security and Privacy Concerns Remain
The U.S. Department of Transportation (DOT) announced today it would chart a regulatory path that would require all new automobiles to be equipped with…
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Should States Legalize Sports Gambling? Yes!
With Super Bowl XLVIII in the history books, all that remains now is for the losers to lick their wounds and for the victors to…
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Regulation without Representation
Over at The Hill's Congress blog, Wayne Crews and I make the case for reining in the regulatory state as a way to improve the…
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