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
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Search Posts
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Red Tapeworm 2014: The Federal Government “Eats” 31 Percent Of The U.S. Economy
This is Part 6 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Congress Must End Department of Transportation’s Abuse of “Unfair and Deceptive Practices” Authority
The Department of Transportation is opening a rulemaking proceeding to, among other things, require airlines and ticket agents to include ancillary fees (for, e.g.,…
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CEI Podcast for May 20, 2014: Phones on a Plane
CEI Fellow Marc Scribner supports the FCC's attempt to lift a ban on in-flight cell phone use.
Blog
Consumers Will Win in Combined AT&T-DirecTV
AT&T agreed Sunday to purchase DirecTV for $67 billion in cash, stock, and acquired debt. If federal regulators approve the deal, the combined firm…
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The Premises of Net Neutrality
In the electric power industry, if you run an extension cord across the street to serve another, you go to jail. The local utility has…
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CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from cotton grading to walk-in coolers.
Blog
Failed Obamacare Exchanges and No-Work Contracts Drive up Obamacare Costs
Politico tallies the rising costs for "four failed Obamacare exchanges," reporting: Nearly half a billion dollars in federal money has been spent developing four …
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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…
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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…
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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…
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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…
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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…
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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…
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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.
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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…
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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…
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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…
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CEI Podcast for May 8, 2014: The Future of Self-Driving Cars
Marc Scribner talks about his new paper, "Self-Driving Regulation."…
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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…
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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 --…
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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…
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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…
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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…
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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…
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