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
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Search Posts
Blog
No, the FCC Did Not Allow “Fast Lanes” on the Internet, Yet
This week, the Federal Communication Commission (FCC) held an Open Meeting to propose new rules regarding regulation of Internet service providers (ISPs), such as Verizon and…
Blog
Red Tapeworm 2014: Regulations Cost More than Federal Income Taxes
This is Part 5 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
Blog
Insurance Premiums Rising More Due to Obamacare
There are "rate hikes for all" coming due to Obamacare, predicts The Daily Caller, citing state insurance filings: Virginians will see upped health insurance premiums…
Blog
Johnson-Crapo Is Fannie and Freddie on Steroids
Today, after delays and much opposition from many quarters on different grounds, the Johnson-Crapo housing finance overhaul is set to be voted on by the…
Blog
Red Tapeworm 2014: Regulations Catching Up to Government Spending?
This is Part 4 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
Blog
Red Tapeworm 2014: Reckoning the Dollar Cost of Federal Regulation
This is Part 3 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
Blog
Massachusetts Seeks Millions More from Taxpayers as Its Obamacare Exchange Fails
Massachusetts' Obamacare exchange has failed, even though Massachusetts adopted an individual health-insurance mandate in 2006, and thus had a built-in advantage over other states in handling Obamacare's requirements.
Blog
Red Tapeworm 2014: Tardy Bureaucrats Gone Wild
This is Part 2 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Despite nearly 60 new regulations and more than 1,300 Federal Register pages, regulations remain on a below-average pace this year. On to the data: Last…
Blog
Red Tapeworm 2014: Guess Which Is the Largest Government on Earth?
This is Part 1 of a new series taking a walk through some sections of Ten Thousand Commandments: An…
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 --…
Blog
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…
Blog
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…
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