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
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…
Blog
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…
Blog
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…
Search Posts
Blog
CEI Podcast for May 22, 2013: Twenty Years of Ten Thousand Commandments
The twentieth anniversary edition of Ten Thousand Commandments was released this week. Author Wayne Crews discusses the study, and how regulation has evolved over the…
Blog
Possible Unintended Consequences in New Obamacare Regulation
The PCIP program gives health care providers an incentive to refuse treatment to people who desperately need it.
One News Now
CEI report: Uncle Sam loves his regulations
Americans spent an estimated $1.8 trillion in 2012 to comply with federal regulations, reports the Competitive Enterprise Institute. The public policy organization has just released…
Breitbart
Cost of Complying with U.S. Regulations Higher Than Canada’s GDP
$1.8 trillion buys a lot of red tape. That’s how much the federal regulatory machine is costing Americans each year, according to the…
Blog
Ten Thousand Commandments Released Today
Over at the Daily Caller, Wayne and I briefly summarize of few of the report’s findings.
Study
Ten Thousand Commandments 2013
The scope of federal government spending and deficits is sobering. Yet the government's reach extends well beyond taxation and spending. Federal regulations cost hundreds of…
Daily Caller
The Towering Federal Register
This week marks the publication of the 20th anniversary edition of the Competitive Enterprise Institute’s annual survey of the federal regulatory state, Ten Thousand Commandments.
News Release
Ten Thousand Commandments: Regulations Increasingly Used to Enact Measures Voters Wouldn’t Approve
WASHINGTON, D.C., May 21, 2013 – In the twenty years since the creation of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory…
Products
Ten Thousand Commandments 2013: A Fact Sheet
Full Document Available in PDF 1. This is the 20th anniversary of Ten Thousand Commandments. In that time, 81,883 final rules have…
Blog
Udall-Paul Legislation Spreads Freedom for Credit Unions and Entrepreneurs
By definition, if a bill is sponsored by Sens. Mark Udall, D-Colo., and Rand Paul, R-Ky., or any similarly odd ideological couples in the House, it…
Blog
Regulation of the Day 231: Serving Olive Oil
Starting January 1, 2014, any olive oil served at EU restaurants “must be in pre-packaged, factory bottles with a tamper-proof dispensing nozzle and labelling in…
Blog
10KC in WSJ
The Wall Street Journal editorial board weighed in this morning on the issue of regulation, citing a few numbers from the forthcoming 20th anniversary edition…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
This week in the world of regulation: Last week, 71 new final regulations were published in the Federal Register. This is up from 64 new final…
Wall Street Journal
Red Tape Record Breakers
President Obama is opposing a bill passed by the House last week that would require the Securities and Exchange Commission to better measure the costs…
Blog
Regulation Roundup
Height limits for flying witches on broomsticks, mandatory street musician auditions, and more.
Blog
Surprising Junk Science on Fox News
News stories trumping junk science are common, but I expect better from Fox News, which claims to be "fair and balanced" and hosts great shows…
Blog
Regulation of the Day 230: The Temperature of Beer
The state of Indiana regulates the temperature at which convenience stores may sell beer. Specifically, they must sell it at room temperature. Cold beer is…
Blog
Sorry, Daily Beast: E-Verify Will Be National ID
Daily Beast blogger Justin Green, who blogs on columnist David Frum’s Daily Beast blog, has responded to Wired’s recent article “Biometric Database of All…
Blog
“Shocking” Truth about Government and Soap
Is your hand wash slowly killing you as government regulators sit idly by? Sounds silly, but that’s what environmentalists seem to think about an antibacterial…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from drawbridge schedules to official seals.
Blog
Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Edition
In the June issue of Reason, one of my favorite publications, Greg Beato has an article discussing the public policy implications of autonomous vehicles, such…
Blog
Government’s Chinatown Bus Shutdowns Based on “Statistical Malpractice”
Reason’s Jim Epstein has an article up that does a nice job debunking a National Transportation Safety Board study, prompted by a 2011…
Blog
First Amendment Menace: Obama Administration to Expand Americans with Disabilities Act over Websites?
Can websites be forced to change to accommodate the disabled -- by using "simpler language" to appeal to the "intellectually disabled," or by making…
Blog
How Online “Marketplace Fairness Act” Could Tax Your 401(k)
Today, the Senate likely will pass the Marketplace Fairness Act, which would force online retailers to collect sales taxes for states in which purchasers reside. Most have heard how this…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from the federal flood insurance to California olives.
Blog
CEI Podcast For May 2, 2013: Small Business Owners Sue Over IRS Obamacare Power Grab
Small business owners and individuals in six states, with help from CEI, are suing the IRS over what General Counsel Sam Kazman calls a flagrantly…
Blog
The Costs Of Union Shareholder Activism
Is shareholder activism a good or a bad thing? That depends on what any given resolution seeks to improve the company's performance, and thereby increase…
Blog
Did Hensarling Force Obama’s Hand On “Recess” Appointments?
They called it a "stunt" early last week when House Financial Services Committee Chairman Jeb Hensarling (R-Texas) refused to allow Consumer Financial Protection Bureau (CFPB)…
Blog
U.S. Government Bans French Cheese Based On Food Prejudices
The U.S. government is banning a standard, normal-smelling French cheese based on its own squeamishness. The cheese in question is Mimolette, a commonplace,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
66 new regulations, from the federal Processed Pear Committee to desert buckwheat.
Blog
Maryland Bill Will Force Teachers To Pay For The Privilege Of Going To Work
In a recent Baltimore Sun op-ed and WorkplaceChoice.org blog post, I argue against Maryland’s Orwellian-named Fair Share Act,…
Blog
Regulation Roundup
From adjustable headlights to going on strike over tight pants.
Blog
CEI Podcast For April 25, 2013: Regulations Are Less Than Transparent
Every year, the Office of Management and Budget (OMB) releases a report on the costs and benefits of the previous year's new regulations. Wayne Crews…
Blog
Why BPA (And Other Chemicals) Don’t Belong On Proposition 65
If you want to have fun in California's Disneyland, avoid reading the warning signs saying that products used in the park may give you cancer…
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Obama’s Controversial Nominee For Labor Secretary To Be Voted On
Cato Institute attorney Ilya Shapiro wrote Tuesday about “Thomas Perez, the assistant attorney general for civil rights who personifies . . . this…
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Costs Rise In Obama’s New 2013 Draft Report To Congress On The Benefits And Costs Of Federal Regulations
Last year, the Obama Office of Management and Budget’s 2012 Draft Report to Congress on the Benefits and Costs of Federal…
Blog
CEI Study: Cost Of Keeping One Unauthorized Immigrant From Getting A Job — $13,000
If Americans truly want to ensure no unauthorized immigrants work in the United States, they better get ready to pay top dollar. E-Verify, the electronic…
Blog
Why FAA’s Child Seat Campaign Is Deadly
Federal law allows airline passengers with children under the age of two to travel with their children on their laps. This option, which has existed…
Blog
Earth Day: The Greener Side Of Growth
Over at Topix.com, my colleague Geoffrey McLatchey and I argue that the biggest factor for improving environmental quality is wealth creation.
Blog
EEOC: A Scofflaw That Poisons The Climate For Hiring
One way the current political climate discourages hiring is by turning problem employees into potential lawsuits for the employers who take the risk…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
86 new regulations, from sorghum ethanol to training miners.
Blog
CEI Podcast For April 18, 2013: CISPA Is The Wrong Approach To Cybersecurity
Today, the House passed the Cyber Intelligence Sharing and Protection Act of 2013 (CISPA). Associate Director of Technology Studies Ryan Radia opposes the bill.
Blog
The Train Wreck That Is Obamacare
At least one union that supported passage of Obamacare, is now calling for its repeal. As The Wall Street Journal notes, the United…
Blog
Fred L. Smith, Jr., In This Month’s Cato Unbound
This month’s Cato Unbound series focuses on the constraints of money in politics, how businesses respond to opportunities for rent-seeking, and prospects for the…
Blog
Lessons On Regulatory Reform: The BRAC Acts
Overview of Regulatory Reform in the U.S. from The Base Realignment and Closure Act The Base Realignment and Closure (BRAC) Act of 1988 was created…
Blog
Food Safety Modernization Act Far More Costly Than Supporters Claimed
“Proposed FDA safety rules frustrate tree fruit farmers,” reported The Washington Post. As the FDA puts “in place a massive overhaul of the nation’s…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
67 new regulations, from drawbridge schedules to wireless signal boosters.
Blog
Railroading The Railroads
In recent years, members of Congress have worked with various interest groups for the purpose of imposing new economic regulations on the…
Blog
Dodd-Frank’s Burden On Credit Unions Highlighted At Hearing
At a recent speech before a convention of the Credit Union National Association (CUNA), new Sen. Elizabeth Warren (D-Mass.) made the pitch that the Dodd-Frank…
Blog
CEI Podcast For April 11, 2013: Reining in Unfunded Mandates
Vice President for Policy Wayne Crews warns that the higher the deficit goes, the more tempted the federal government is to resort to unfunded mandates,…
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