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
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
Search Posts
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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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
74 new regulations, from non-toxic ammunition to shrimp electronic logbooks.
Citation
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…
Blog
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…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from charitable donations to video programming for the blind.
Blog
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…
Blog
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…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
56 new regulations, from toddler beds to eagle permits.
Blog
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…
Citation
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
The Administration’s Regulatory Uncertainty
Groups like the Center for American Progress are claiming that the possibility of another row over the budget and debt ceiling are creating “uncertainty”…
Blog
Hypocritical New Yorkers Whine about High Housing Prices while Supporting High-Price Policies
The New York Post today has a story on what it describes as "new hipsters fight[ing] old hipsters in Brooklyn." The gist of it…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from red porgies to homopolymers.
Blog
CEI Podcast for November 27, 2013: Toxic Turkey Day?
Senior Fellow Angela Logomasini debunks scare stories about chemicals in your family's Thanksgiving dinner, from BPA in canned foods to naturally occurring pesticides in potatoes.
Blog
Cataloging Washington’s Hidden Costs, Part 3: The Costs of Regulatory Benefits
In the first installment of "Cataloging Washington's Hidden Costs," the topic was loss of liberty; in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
60 new regulations, from salamanders to beans from Jordan.
Fox News
Obamacare Will Kill the Middle Class
This is what it looks like when government tries to create a more perfect society by intervening in the private economy and taking away consumer…
Blog
Taxpayer-Funded Propaganda to Show the “Evils” of Private Alcohol Sales
As if there wasn’t enough money in politics, now government agencies are using taxpayer dollars—our dollars—in an attempt to influence state policy. The National Institutes…
Blog
Can the Government Regulate Bitcoins?
Bitcoins themselves cannot be regulated under current law, at least not directly. But certain activities involving…
Blog
Government “Study” on Internet Tax Hides Harmful Small Business Effects
Under presidents of both parties, the Small Business Administration's Office of Advocacy has produced quality independent studies on the harmful tax and regulatory burden on…
Blog
Obamacare Fallout Continues: Obamacare “Winner” Turns Out to Be a Loser Instead
"You screwed me over," says a woman cited by President Obama as an Obamacare success story. Jessica Sanford was used as a prop in the president's "…
Blog
Dumbest Reason to Be Skeptical of Autonomous Vehicles: They Might Cost Auto Mechanics Their Jobs
Today, the House Subcommittee on Highways and Transit of the Transportation and Infrastructure Committee held a hearing on “How Autonomous Vehicles Will Shape the Future…
Blog
Cataloging Washington’s Hidden Costs, Part 2: The Unmeasured Impacts of Economic Intervention
Back in Part 1 of Cataloging Washington's Hidden Costs, the topic was the incalculable cost of the loss of liberty in…
Blog
A More Unequal America
Inequality grows hand-in-hand with the growth of the regulatory state. The proliferation of regulations increases economic inequality, since powerful people and politically connected companies know how to shape and manipulate…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from corporate mergers to dried bacteria.
Blog
We Didn’t Regulate Credit Cards, We Regulated People
That was the upshot of a panel I spoke at yesterday in New York at the Atlas Liberty Forum. It looked at the impact of…
Blog
Is the FTC Already Capable of Regulating Patent Demand Letters?
The answer is no, except under special circumstances. The question itself arises from comments by Julie P. Samuels of the Electronic…
Blog
The Federal Register Is about to Top 70,000 Pages — And it’s Not Even December
This morning, the Federal Register stood at 68,980 pages. It’s the daily depository of all federal regulations proposed and final. It is our unfortunate Principia Regulatica.
Blog
Illegal Change to Obamacare Is Designed to Scapegoat Insurers, Not Restore Canceled Insurance Policies
If aliens from outer space read today's newspapers, they would assume that America is a dictatorship, not a republic, and that President Obama has the authority…
Blog
Obama Allows Illegal Health Policies, Quickly Pivots to Economy
The furor over the Healthcare.gov website that is merely supposed to automate the process of determining if one is eligible or…
Blog
Antitrust as Corporate Welfare: Imposed Concessions and Conditions on Mergers Are a Fundamental Error
As is now commonplace, American Airlines needed to relent to conditions imposed on the merger with US Airways to secure Department of Justice approval, primarily…
Blog
Under Obamacare, People Pay More for Inferior Health Plans, Lose Health Insurance They Liked
A Colorado woman who championed Obamacare lost her insurance plan. As a CBS TV station in Denver noted, "Millions of people are getting cancellation…
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