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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CEI’s Battered Business Bureau: The Week in Regulation
78 new regulations, from energy efficiency standards for imports to the California Desert Grape Administrative Committee.
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CEI Podcast for July 3, 2013: The EPA’s Assault on State Sovereignty
William Yeatman discusses his new study, "The U.S. Environmental Protection Agency's Assault on State Sovereignty."…
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Uncertainty and New Regulatory Burdens Hinder Recovery
Since 2011, the Obama administration’s Office of Information and Regulatory Affairs (OIRA) has been reviewing significantly fewer rules than in prior years and taking longer…
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Her Majesty’s Initiative: Innovation for All?
On Monday, the Financial Times published an editorial praising the United Kingdom’s government for its “provisional approval” of a new in vitro fertilization (IVF)…
Forbes
On Independence Day — How Free Are You, Really?
As reported in Reason by Ronald Bailey, a recent study finds that “Federal Regulations Have Made You 75 percent Poorer.” The claim is that GDP…
Forbes
On Independence Day — How Free Are You, Really?
As reported in Reason by Ronald Bailey, a recent study finds that “Federal Regulations Have Made You 75 percent Poorer.” The claim is that GDP…
Blog
French Cheese Ban: An Attack on “Scientific Principles” in Violation of Treaties Protecting International Trade?
Earlier, we wrote about the U.S. government's de facto ban on the commonplace, perfectly healthy, normal-smelling French cheese mimolette (which I once confused with…
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CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from school lunches to the legal definition of “ski area.”…
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Another Federal Appeals Court Rules against Obama Administration’s Contraceptive Mandate
Contraceptives are easy to obtain, and forcing employers to include a broad array of contraceptives in employee health insurance makes as little sense as forcing…
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CEI Podcast for June 26, 2013: TSA Full-Body Scanner Transparency
Fellow in Land-use and Transportation Studies Marc Scribner discusses the TSA's lack of transparency and the scanners' ineffectiveness in deterring terrorism.
Blog
Federal Regulations Make Americans 75 Percent Poorer
"Federal regulations have made you 75 percent poorer," and as a result, "U.S. GDP is just $16 trillion instead of $54 trillion," says an…
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CEI’s Battered Business Bureau: The Week in Regulation
96 new regulations, from fireworks shows near water to handling FOIA requests.
Blog
E-Verify: A Boon for Lawyers, Bad for Employers
I have written extensively about the threats to Americans’ civil liberties from E-Verify, the employment verification system contained within the Senate’s comprehensive immigration reform (CIR)…
Blog
A Critique of “300 Million Engines of Growth”: Why More Spending Won’t Cure what Ails U.S. Infrastructure
Earlier this month, the Center for American Progress issued a report in which it set out recommendations for growing the American economy. A significant…
Forbes
Bad regulation is our biggest public scam
In the US, the Competitive Enterprise Institute recently surveyed the extent and cost of federal regulations. The Federal Register, a compendium of regulations, has swollen…
Blog
More Recognition that Dodd-Frank Harms Main Street Banks, Farmers, and Airline Passengers
In two high-profile forums last week, Dodd-Frank, the financial "reform" law sold as targeting Wall Street, was shown to have a devastating effect on Main…
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Spread the Word: New Voice for Wine Consumers
With the launch of The American Wine Consumer Coalition today, U.S. wine consumers now have a place in public policy debates for the first…
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D.C. Council Passes New Rules: Food Trucks Are Here to Stay
After four years, the Council of the District of Columbia finally passed rules to regulate the burgeoning mobile food industry that seem to please all sides.
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President Repeats False “Equal Pay” Statistic Claiming Women Earn 77 Percent of What Men Do
President Obama repeated a myth about equal pay and pay discrimination, as the economist Diana Furchtgott-Roth notes at RealClearMarkets: Last week in the…
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E-Verify National ID System Threatens Americans’ Privacy
“I’m not a criminal, so there’s really no reason for me to be in a criminal database.” That was James Shepherd, a Kentucky native…
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Obamacare and Activist State Courts Drive Up Health Plan Costs
The so-called rate shock from Obamacare has hit Ohio. The state’s Department of Insurance announced last Thursday that the average individual-market health insurance premium…
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CEI’s Battered Business Bureau: The Week in Regulation
93 new regulations, from tanning taxes to wine labels.
Study
Avoiding the Regulatory Cliff
Full Document Available in PDF A Bipartisan Agenda to Restore Limited Government and Revive America's Economy Whether you are new to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
72 new regulations, from federal pecan insurance to avoiding collisions at sea.
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CEI Podcast for June 6, 2013: Making Passenger Rail Affordable
Fellow in Land-use and Transportation Studies Marc Scribner discusses a new CEI study arguing that regulations make passenger train cars unnecessarily expensive.
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France Needs a “Power-Up” When It Comes to Labor Reform
In its annual country report released on Monday, the IMF turned up the heat on France for labor reform. The Washington-based lender called for…
Blog
Two Decades of Regulatory Growth
Over at The American Spectator, Wayne Crews and I marvel at how much the regulatory state has grown over the last twenty years. We also…
Blog
Pennsylvania’s Liquor Privatization Plan Forgot about the Beer
Beer wholesalers are testifying yesterday morning in the Pennsylvania Senate, expressing their opposition to the proposed plans to privatize the state-run liquor store system.
The American Spectator
Twenty Years of Non-Stop Regulation
Twenty years ago saw the release of the first edition of Ten Thousand Commandments, an annual report that tracks the cost and scope of the…
Blog
George Will on Ten Thousand Commandments
George Will's latest column highlights the main findings of Ten Thousand Commandments.
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European Skepticism of Minimum Wage Falls on Deaf Ears in America
Spain’s central bank—operating within the European country with the highest rate of unemployment—just recommended to the government in Madrid a suspension of the minimum…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
61 new regulations, from Cotton taxes to endangered Hawaiian plants.
Washington Post
A mandate that is off the rails
Wayne Crews of the Competitive Enterprise Institute has recently published his “Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State.” This year’s…
Blog
CEI Podcast for May 30, 2013: The Politics of Caffeine
The Food and Drug Administration recently announced plans to investigate, and possibly regulate, caffeine consumption. Fellow in Consumer Policy Studies Michelle Minton prefers separation of…
Blog
Regulatory Opacity
In today’s Investor’s Business Daily, Wayne Crews and I make the case that one of the biggest obstacles to regulatory reform is a lack of…
Blog
TTB to Allow, Not Require, Nutritional Labeling on Alcoholic Products
It’s a rare occasion that we get to praise government agencies. While the federal agency governing alcoholic beverages certainly took it’s time to make a…
Investor's Business Daily
America’s Soaring Regulations Cost $1.8 Trillion A Year
Politicians from both parties routinely tout the need to roll back unnecessary regulations. But how much overregulation is there exactly? Most politicians have no idea,…
Blog
More than Taxing and Spending
The cost of government is far more than it taxes and spends. The Pittsburgh Tribune-Review’s editorial board agrees, as they opined yesterday:…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Potato Administrative Committees to Segelflugzeugbau sailplanes.
Investor's Business Daily
The cost of regulations: Economic tyranny
The big-government Obama administration’s propensity for end runs around Congress exacerbates the unchecked growth of federal regulations that diminish both liberty and prosperity.
Blog
Regulation of the Day Update: Olive Oil Victory
I recently posted that new EU regulations would require restaurants to use factory packaged and sealed bottles of olive oil. This would put small…
Blog
Anti-Business and Anti-Freedom: The United Nations Convention on the Rights of Persons with Disabilities
In the American Spectator, CEI Vice President for Strategy Iain Murray and Geoffrey McLatchey explain why the Senate should be skeptical of the United Nations Convention…
Blog
Does Austerity Really “Kill”?
Does austerity kill? In a recent New York Times op-ed, David Stuckler and Sanjay Basu claim that fiscal austerity leads to a worsening of health…
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.
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