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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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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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…
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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…
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CEI’s Battered Business Bureau: The Week In Regulation
67 new regulations, from drawbridge schedules to wireless signal boosters.
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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…
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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…
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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,…
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Time To Rein In Unfunded Mandates
In today's Investor's Business Daily, Wayne Crews and I point out that the higher deficits go, the more tempting it becomes for Congress to resort…
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Who Profits From Alcohol Taxes?
While there appears to be no acceptable level of alcohol consumption to participants at the Alcohol Policy 16 Conference, which met last…
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Obamacare Strangles Job Creation, Stifles Medical Innovation
Earlier, I wrote about the dismal March jobs report and how high unemployment has been masked by rising numbers of discouraged workers and people…
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Americans Reject Actual E-Verify System
Imagine there was a free program that could guarantee for employers a legal workforce and eliminate illegal immigration. Would you favor such a system? Yes…
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Protectionist Law Proposed In New York Would Hit Wine Consumers Hardest
While most states are desperately trying to figure out ways to encourage business development and reduce the cost of consumer goods, New York is considering…
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JOBS Act — What’s Been Implemented — Is Working; Now Implement The Rest!
CEI Research Associate Evan Woodham contributed to this post. Another round of disappointing jobs numbers released last Friday shows more than ever that massive…
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CEI’s Battered Business Bureau: The Week In Regulation
56 new rules, from school lunches to studying landfills.
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Dismal Jobs Figures Don’t Increase Official Unemployment Rate, As Job-Seekers Give Up, Or Go On Disability
The stock market has fallen this morning in response to the dismal March jobs report released this morning, which showed that a meager…
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Regulation Roundup
Man avoids jail time for falsely yelling out "Bingo!" during a game, plus more.
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CEI Podcast For April 4, 2013: Reining In The CFAA
Under the CFAA, it is currently a federal crime to enter an incorrect age on your Facebook profile or an incorrect weight on a dating…
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Lessons From Dutch Regulatory Reform: How The U.S. Could Save $450 billion Per Year
In 2003, the Dutch improved their regulatory situation through the “Dutch Administrative Burden Reduction Programme.” This program sought to reduce the cost of regulatory burdens…
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The Myth Of Welfare Reform
Welfare reform is largely a myth. Many people who used to be on welfare have since gone onto Social Security Disability. That benefits states…
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Regulatory Lessons From The United Kingdom (Continued)
Overview of the Red Tape Challenge In early 2011, the UK started the Red Tape Challenge to gather ideas as to how it could improve…
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Cyprus Is A Lesson For U.S. Policy Makers: Too Big To Fail Is Not Inevitable
American financial regulators could take a lesson from their European counterparts. The recent EU bail-in/bailout of Cyprus, despite its dangers, shows that reducing moral hazard…
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Incentives Matter, Even For Transportation
CEI’s Marc Scribner previously commented on how advocates for greater investment in transportation infrastructure frequently disregard the infrastructure measure that really matters -- the…
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CEI’s Battered Business Bureau: The Week In Regulation
100 new regulations, from collisions at sea to electronic forms.
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CEI Podcast For March 28, 2013: The TSA’s Illegal Body Scanners
Despite a court order, the TSA is still dragging its feet on complying with the law. Fellow in Land-use and Transportation Studies Marc Scribner has…
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White House Immigration Bill Will Be A Disaster Without Accessible Work Visas
President Obama’s recently leaked immigration bill left off the most important component of an immigration bill: the immigration part. Given the fact that the Chamber…
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The Red Tape Challenge
Over at the Daily Caller, Christian Rice and I take a look at a successful regulatory reform model in the UK: the Red Tape Challenge:…
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When The Nanny State Kills
The government told people to switch from saturated animal fats to unsaturated vegetable fats. But that advice may have killed a lot of people.
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CEI’s Battered Business Bureau: The Week In Regulation
59 new regulations, from patent fees to pork export reports.
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Vitter Amendment To Ban Drug Patent Settlements Would Raise Pharmaceutical Prices
With time running out for the Senate to act on a continuing budget resolution, members are trying to find some magic pot of money that…
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Labor’s Loss: Secret Ballot Protection Advances In Virginia
This week Virginia Gov. Bob McDonnell struck a little heralded — but much needed — blow for privacy rights in the Old Dominion by signing two…
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Response To Drescher On Cancer And Chemicals
Last week, Fran Drescher responded to my Huffington Post article on cancer trends, and today I posted a reply on the…
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Administration Notifies Congress That Trade Talks With EU Will Begin
Earlier today, the Office of the U.S. Trade Representative sent a notice to Congress that the Obama administration would begin negotiating a trade partnership…
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Bipartisan Dodd-Frank Derivatives Deregulation Advances In House — And Main Street Cheers
This afternoon, members of the House Agriculture Committee with strikingly different views on many issues came together to provide much need regulatory relief from the…
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Obamacare Harms Colleges And Their Employees
The University of Virginia is expecting a roughly $7-million bill for Obamacare's new employer penalties, said Susan Carkeek, the University's vice president and…
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What Cyprus (Initially) Got Right — Remembering The 2008 WaMu Capital “Run”
There's no shortage of criticism of the Cyprus "bail-in" -- the one-time tax the government had proposed levying on insured and uninsured depositors to rescue…
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CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from financial management courses to de-icing planes.
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Dallas Fed’s Fisher And CPAC’s Fishy Too-Big-To-Fail Event
If the Conservative Political Action Conference’s (CPAC) organizers wanted a speaker or panel on the causes of the financial crisis and what to do about…
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Lobbying Can Be A Great Investment
Not only did health insurers convince the government to require everyone in the country to buy their products, now their premiums will go up sharply,…
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A Balanced Budget Isn’t The Primary Goal
Over at the Daily Caller, Wayne Crews and I take a look at Rep. Paul Ryan's proposed budget, the Path to Prosperity. While it would…
Forbes
Bee-ing Smart: Regulators Must Distinguish Activists’ Bad Dreams From Actual Evidence
Important technologies commonly face opposition from various quarters – often from vested interests, societal Chicken Littles or overly precautionary regulators. Examples include vaccination, fluoridation of…
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Will Regulators Fail To Learn From The Past Mistakes Of U.S. Railroad Regulation?
The history of U.S. railroads provides an interesting case study on federal regulation. They were the first sector of the economy to come under heavy…
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Should Agencies Be Self-Funded?
If an agency is doing a poor job pursuing its mission, it needs to be held accountable; there is a reason Congress holds the power…
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CEI’s Battered Business Bureau: The Week In Regulation
69 new regulations, from grading almonds to lost luggage.
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Sequester Show May Not Have Jumped The Shark, But Its Format Has Changed
Are you watching the Sequester Show? In today's Wall Street Jorunal, my friend Kim Strassel says the sequester drama has "jumped the shark," a phrase used when…
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Lessons On Regulatory Reform: The United Kingdom
In 2001, the United Kingdom passed the “Regulatory Reform Act” which allowed a government minister (similar to the head of a government agency in…
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Washington Examiner: “Congress: Obamacare To Boost Premiums To $7,186 — A Year”
Paul Bedard of the Washington Examiner reports on massive premium increases due to Obamacare: Health insurance companies, facing new and costly rules and…
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Obama’s Immigration Bill Forces Employers To Pay Illegal Immigrants
Nothing in this headline is a typo or an exaggeration. President Obama’s recently-leaked Comprehensive Immigration Reform Act of 2013 would require employers to employ…
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Costco CEO Favors Minimum Wage Hike
An overlooked argument in the minimum wage debate is that a high minimum wage gives big businesses an artificial competitive advantage over their smaller competitors.
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Making The FCC More Transparent
If there's one thing the regulatory state could use more of, it's transparency. In today's ?Washington Times?, I shine a little light on the FCC:…
Washington Times
Who Regulates the Regulators?
In Beltway terms, the Federal Communications Commission’s $350 million budget request for 2013 is practically a rounding error. Yet it costs the American people a…
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Lessons On Regulatory Reform: Texas
Overview of Regulatory Reform in Texas In 1977, the Texas legislature passed the Texas Sunset Act which would forever improve state government.
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