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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Free the Economy podcast: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar beliefs,…
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Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
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The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
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President Obama: Cut Law School from Three Years to Two
President Obama, a lawyer who once was a lecturer at the University of Chicago, recently urged law schools to reduce the length of study from three years…
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CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from hunting migratory birds to grading avocados.
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Before Net Neutrality Eats the World (Part 5): The Fallacies Motivating Net Neutrality
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Before Net Neutrality Eats the World (Part 4): FCC Order Creates Political Vulnerability for All Market Participants
(Note: On Septe. 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of the…
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Germany Legalizes Bitcoin: Competing Currencies Are Here!
While Thailand may have banned Bitcoin, the electronic currency — although some are not so sure — the economic powerhouse of Germany has…
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Before Net Neutrality Eats the World (Part 3): The FCC’s Disdain for Markets
(Note: On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s…
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Before Net Neutrality Eats the World (Part 2): An Alternative Case for Agency Neutrality
(Note: On Sept. 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s…
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Labor Unions Blast Obama’s American Airlines-US Airways Merger Lawsuit
Last Tuesday, the Department of Justice and six state attorneys general filed suit to block the planned merger of American Airlines and US Airways. I…
Daily Caller
Study: Put regulators on a budget
The idea of a regulatory…
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Judge Leon’s Lawless Durbin Amendment Debit Card Decision
Since Judge Richard Leon issued his shocking decision on July 31 that called for even more draconian price controls under Dodd-Frank's Durbin Amendment, some legal commentators…
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Before Net Neutrality Eats the World, Part 1: Net Neutrality vs. Infrastructure Wealth
On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon's…
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CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from D-Day reenactments to bio-fuel usage.
Detroit News
U.S. needs deregulatory stimulus
Clyde Wayne Crews of the Competitive Enterprise Institute recently published the “Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State.” It is filled…
Saipan Tribune
Weak US foreign policy
“CEI, the Competitive Enterprise Institute, is one of a growing group of organizations that monitors and quantifies the 80,000 or so pages of federal regulations…
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3 Things You May Not Know about the US Airways-American Airlines Merger Lawsuit
On Tuesday, August 13, the Department of Justice, six states, and the District of Columbia filed suit to block the planned $11 billion merger…
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Let in More Foreign Doctors to Fix Looming Shortage of Physicians Aggravated by Obamacare
“Bring on the foreign doctors,” writes Slate’s Brian Palmer: If President Obama’s health care reform plan is implemented in its current form, the United…
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CEI Podcast for August 15, 2013: Justice Department Blocks Airline Merger
Fellow in Land-use and Transportation Studies Marc Scribner thinks the charges are overblown, and has ideas of his own for increasing competition.
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CEI’s Battered Business Bureau: The Week in Regulation
83 new regulations, from sweet cherries to air.
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Not With Banks, Not With Retailers, But With Freedom
In explaining my policy positions, I often find myself pointing out I am neither pro-business nor pro-bank, but pro-market. My Competitive Enterprise Institute colleagues and I…
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CEI Podcast for August 8, 2013: CEI Appeals Dismissal of Dodd-Frank Lawsuit
CEI general counsel Sam Kazman discusses plans to appeal the case.
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CEI’s Battered Business Bureau: The Week in Regulation
82 new regulations, dairy import licenses to information sharing.
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The Misleading Push for the U.N. Convention on the Rights of Persons with Disabilities
Last year, the Senate did not ratify the U.N. Convention on the Rights of Persons with Disabilities, with supporters falling just short of the two-thirds…
News Release
After Nearly 20 Years, CEI Applauds Victory on REINS Act
WASHINGTON, DC, August 2, 2013 – Wayne Crews, vice president of policy and director of technical studies at the Competitive Enterprise Institute, had the following…
Comment
Comments to the OMB on its 2013 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act.
Wayne Crews submitted comments to the OMB on its 2013 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance…
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Court Wrong to Make Dodd-Frank Durbin Price Controls More Draconian
Today, U.S. District Judge Richard Leon ruled that the Federal Reserve's implementation of the Durbin Amendment of the Dodd-Frank financial overhaul, which sets price controls on…
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Regulation of the Day Update: Pulling a Rabbit Out of a Hat
The USDA is temporarily suspending its magician's rabbit-license regulations "in order that we may undertake a review of their requirements."…
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CEI Podcast for July 31, 2013: REINS Act Hits the House Floor
Vice President for Policy Wayne Crews talks about the Regulations from the Executive In Need of Scrutiny (REINS) Act, which is expected to pass the…
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REINS Act to Hit House Floor Tomorrow
The bill would add some oversight to a regulatory process that has far too little of it.
Forbes
Congress Confronts ‘Laws Gone Wild’
How extensive is federal regulation? The “hidden tax” now tops $1.8 trillion annually, an immense drain on innovation, entrepreneurship and productivity and living standards. Federal…
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New USTR Discusses Trade Agenda, How U.S. and EU Can Address Divergent Regulatory Regimes
At a forum this morning hosted by the U.S. Chamber of Commerce, the new U.S. Trade Representative, Michael Froman, discussed the next steps…
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The Rip-Off that Is Occupational Licensing
Occupational licensing rules allow trade schools in some states to force students to attend them, enabling the schools to charge students lots of tuition for…
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Regulating E-Cigarettes Creates the Wrong Incentives
The U.S. Food and Drug Administration (FDA) is gearing up to regulate electronic cigarettes (e-cigarettes) by early October. These regulations, rather than protecting the public…
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CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from turtle-killing to felon financiers.
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More Economic Suffering Due to Obamacare
The Washington Post reports on the ever-growing number of people losing wages and facing pay cuts due to the 2010 healthcare law: For Kevin…
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D.C. Council Bows to UFCW, Votes No on Walmart, Yes to High Prices
Washington, D.C., has some of the highest living costs in the country. Its metro area contains six of the nation’s ten wealthiest counties, making it…
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On Dodd-Frank’s 3rd Anniversary, “North Star” is Further Out of Reach
Over the weekend, President Obama hailed the third anniversary of the enactment of the Dodd-Frank “financial reform.” In his weekly radio address, the president…
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The Government’s Wasteful Obsession with Subsidized Homeownership
The government has spent vast sums of money promoting homeownership through subsidies, tax exemptions, and bailouts. For example, in prosperous Alexandria, Virginia, certain people who…
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CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Topeka shiners to room air conditioners.
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Regulation of the Day 232: Pulling a Rabbit Out of a Hat
Marty Hahne has put on children's magic shows for almost 30 years. USDA regulations require both a license and a written disaster plan for his…
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The FTC’s Uneasy Relationship With Innovation
The Sherman and Clayton Acts form the backbone of U.S. antitrust policy. But another piece of legislation gives the government the power to regulate business…
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Unions Plead for Changes to Obamacare, Citing Lost Wages and Benefits
The Wall Street Journal reports today that the leaders of three major labor unions are asking Congress to make fundamental changes to Obamacare, saying that without such changes, it will…
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CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from apartment building energy usage to when truckers have lunch.
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The Apple E-Book Ruling and Antitrust Absurdity
A recent ruling against Apple over its e-book pricing policies highlights the absurdity of antitrust laws, as I point out in the Daily Caller:…
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CEI Podcast for July 11, 2013: Farm Bill Controversy
Adjunct Fellow Fran Smith breaks down the controversy surrounding this year's farm bill.
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Scientists Warn of Dangers of “Precautionary Science”
Eighteen scientists recently weighed in on the unscientific and dangerous nature of the so-called “precautionary principle” in the July issue of the journal Food…
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Senate Committee Passes ENDA, Which Would Lead to Meritless Litigation and Erode Free Speech
A Senate Committee has voted 15-to-7 to approve the Employment Non-Discrimination Act, "a bill that would prohibit employers from discriminating against workers on the basis…
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SEC Finally Permits Free Speech for Hedge Funds, VCs, and Entrepreneurs
Today is finally the day that the Securities and Exchange Commission -- one year and three months after it was instructed to do so by…
Blog
Regulation Causes Inflation
Over at the American Spectator, I show why an unintentional and unavoidable side effect of regulation is inflation:…
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Obama Administration Discards Reporting Requirements in Obamacare
The Obama administration has illegally discarded the reporting requirements mandated by the 2010 healthcare law, which were designed to prevent countless billions of…
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Beauty and the Beast: Agriculture for the Future
It’s a tale as old as time. How will we feed all the people on this planet of ours, especially with the global population set…
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