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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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…
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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…
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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…
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CEI Experts on the State of the Union
ECONOMIC MOBILITY Iain Murray, Vice President for Strategy: “The fact is: Today’s America is divided between those who work…
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CEI’s Battered Business Bureau: The Week in Regulation
43 new regulations, from flood elevations to extra parentheses.
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Reining in the Executive Branch Bureaucracy, Part 3: Make Regulations Transparent Like the Budget
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 2: Regulatory Benefits? Maybe Not
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his State of…
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Target, Retailers Use Dodd-Frank to Skimp on Data Security
Chutzpah, thy name is the National Retail Federation! In the wake of the recent credit and debit card breach at Target that may have compromised…
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The Loss of Net Neutrality Is Not a Detriment to Consumers
Last week’s announcement that the District Court of Appeals struck down the non-discrimination and no-blocking rules of the Federal Communication Commission's (FCC) 2010 Order on…
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Reining in the Executive Branch Bureaucracy, Part 1: Measure Regulatory Costs
Since the Federalist Papers, America has debated "Energy in the Executive." But President Obama's 2014 agenda framed by his State of…
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CEI’s Battered Business Bureau: The Week in Regulation
57 new regulations, from shoeing horses to Florida avocados.
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Obama Announces NSA Reforms Could Undermine U.S. Leadership in the Global Information Economy
President Obama outlined plans to “reform” the National Security Agency’s mass surveillance programs in a Friday morning speech at the Justice Department. To his…
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“Wall Street” Regs Devastate Main Street Banks and Credit Unions
Again and again, when regulators implement a new Dodd-Frank regulation aimed at "Wall Street," it is Main Street banks and credit unions that are forced…
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CEI Podcast for January 16, 2014: FCC Loses Net Neutrality Court Case
Associate Director of Technology Studies Ryan Radia argues that while the case looks like a victory on the surface, it still gives the FCC plenty…
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Budget Deal Agreement and State of the Union Address Continue to Neglect Debt and Economy
In the lead-up to the State of the Union...a briefing theme was that President Barack Obama has little appetite for a debt reduction deal and…
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Obamacare Court Ruling in Halbig a Major Blow to Opt-Out States
The court’s ruling today in Halbig v. Sebelius delivers a major blow to the states that chose not to participate in the Obamacare insurance…
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Congressional Research Service Misinterprets Monetary History
Last month, the Congressional Research Service released a report on Bitcoin analyzing the structure of the network and its implications, if any, on monetary policy. The…
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CEI’s Battered Business Bureau: The Week in Regulation
38 new regulations, from job descriptions to Cape Sable thoroughworts.
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Is FCC Chairman Tom Wheeler for or against Net Neutrality? Yes
In what the Washington Post referred to as Federal Communications Commission (FCC) Chairman Tom Wheeler's strongest endorsement yet of net neutrality, he said: Public policy…
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CEI Podcast for January 9, 2013: Reining in Sue and Settle with the REDO Act
A bill called the REDO Act, which comes up for a House vote today, would limit a practice called sue and settle. Sue and settle…
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Loss of Economic Freedom Takes a Toll on Small Businesses
The 2014 edition of the Heritage Foundation/Wall Street Journal Index of Economic Freedom is set for release next week, and for America, the news…
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CEI’s 2014 Unconstitutionality Index: 56 Regulations for Every Law
Every now and then one sees a cute article like this Los Angeles Times piece lamenting that Congress is "ineffective" because…
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CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from school lunches to furnace fans.
Human Events
A top 10 list for Congress in 2014
I am no David Letterman, but I appreciate a good Top Ten list. As we enter 2014, it occurred to me that Congress could do…
USA Today
Extending Benefits Would Do More Harm.
Unemployment insurance extensions in the past five years have kept at least 600,000 people out of the labor force, because people tend to ride a…
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Bogus Rationale for Obamacare Still Being Peddled Even after Study Debunked It
"More bad news for Obamacare and its proponents. A new study from Oregon shows that" expanded Medicaid coverage “increased–rather than decreased–both the number of folks…
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Cataloging Washington’s Hidden Costs, Part 5: When Regulation Tramples Health and Safety
Act surprised...Show concern...Deny...Deny...Deny. —Anonymous What if anybody in power ever actually paid attention to the body count of federal regulation? We just finished another year…
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Two Cheers for Tapered Quantitative Easing
Over at the Washington Times, I encourage the Fed to taper back the rest of the QE program, and point out that the Fed may…
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2013 Ends with an 80,330-Page Federal Register and 3,659 Final Rules and Regulations
The Federal Register wrapped up 2013 with a third-highest count ever, of 80,330 pages. (The published version contains 80,462 pages but I net out blank…
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No, Legislative Fixes to Obamacare Weren’t Blocked by the GOP
As Obamacare's implementation went badly enough that it was mocked by comedians on late-night TV, a search for excuses began. The result was the now…
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CEI’s Battered Business Bureau: The Week in Regulation
74 new regulations, from non-toxic ammunition to shrimp electronic logbooks.
USA Today
We all need a fresh start in 2014
Another change? We need to stop the avalanche of regulations that are slowing our recovery. The Competitive Enterprise Institute (CEI) reports that government agencies issued…
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A New Year of Regulation: Obama’s Record-Setting Federal Register
[caption id="attachment_72593" align="alignleft" width="168"] Duly Enacted Laws vs. Unaccountable Regulation. The Federal Register runs wild. The federal government spends heavily; it also regulates heavily.[/caption] The Federal…
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Target Breach — Are Dodd-Frank “Swipe Fee” Price Controls to Blame?
Target wants you to know it is oh-so-sorry for any inconvenience its data SNAFU (as OpenMarket is a family blog, please look up the…
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CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from charitable donations to video programming for the blind.
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Volcker Rule Overshoots Wall Street to Hit Utah
You might think after the disastrous debut of HealthCare.gov and thousands of insurance cancellations, those who call themselves progressives might just have a little humility…
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Cataloging Washington’s Hidden Costs, Part 4: The Costs of Poor Regulatory Sausage Making
In the first installment of “Cataloging Washington’s Hidden Costs,” the focus was the loss of liberty in…
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CEI Podcast for December 18, 2013: The FDA Goes after 23andMe
The Food and Drug Administration recently banned 23andMe, a genetic testing service, from marketing its product to consumers. CEI Executive Director and Senior Fellow Gregory…
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CEI’s Battered Business Bureau: The Week in Regulation
56 new regulations, from toddler beds to eagle permits.
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BPA Junk Science Headaches
Could your affection for bottled water be responsible for your bout with migraines? Apparently so, if you believe the latest headlines about the chemical…
USA Today
Drowning In A Costly, Intrusive Federal Regulatory Flood
Earlier this week, the Competitive Enterprise Institute, which has a long history of highlighting Washington’s regulatory excess, said that during the first week of December,…
The American Spectator
The Legislature’s First Job Is Not to Legislate
Defenders of Sen. Harry Reid’s triggering of the “nuclear option,” ending the filibuster for all Executive Branch nominees save those to the Supreme Court, call…
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Minimum Wage Increases Harm the Young, Unskilled, and Less Educated
Minimum wage increases eliminate some jobs. Real world examples abound. As a business owner explains: The minimum wage kills jobs. End of story. I am…
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CEI Podcast for December 12, 2013: The Affordable Care Act’s Marriage Penalties
The Affordable Care Act's subsides and tax credits are structured in such a way as to cause thousands of dollars worth of penalties for many…
The American Spectator
Fixing the nation’s leaky waterworks
Here’s a novel idea: Why not unleash the creative talents of America’s best scientists and engineers, and allow the products and technologies they develop to…
Blog
The Volcker Winter Storm — Bad Rule, Worse Implementation
On a snowy day in Washington, several federal agencies packed some mean regulatory snowballs that will most likely overshoot their supposed destination of Wall Street…
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Volcker Rule Curbs Useful, Profitable Proprietary Trading, Not Risky Lending
The government just approved a regulation called the Volcker Rule to curb proprietary trading by banks -- even though such trading did not cause the financial crisis,…
The Atlantic
How Pope Francis Misunderstands the World
Just how free the free market really is today is debatable. The United States is perceived as the paragon of free-market capitalism. And yet over…
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Busybodies in Congress Prepared to Re-Prohibit Voice Communications During Flight
After two decades with a ban on the books, the Federal Communications Commission is set to consider allowing transmitting mobile devices on aircraft. On…
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CEI’s Battered Business Bureau: The Week in Regulation
95 new regulations, from mad cow disease to falconry federalism.
Fox News
Regulation Nation: Gov’t regs estimated to pound private sector with $1.8T in costs
A new report on the government's regulatory actions was released just before Thanksgiving, and it contains more than 3,300 rules -- which the Competitive Enterprise…
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Retailers Only Sell Half a Loaf in their Analysis of the Costs of Interchange Fees
In a comment on my American Spectator article on the deleterious effects of debit card interchange fees on American households, Sara Durr, Spokesperson for…
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President Pushes Welfare Rather than Opportunity and Social Mobility in Speech about Inequality
"President Obama on Wednesday declared that addressing income inequality would be the focus of 'all' of the White House’s efforts 'for the rest of…
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