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: 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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Don’t Nudge On Me
In a recent New York Times column, David Brooks describes American culture as “mentally lazy.” Overcoming that, he argues, requires a dose of what he calls…
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Labor Department Imposes Disability Hiring Quotas, Even in Divisions that Don’t Get Federal Contracts
The Obama Labor Department has just finalized rules that will effectively require businesses that get federal contracts to adopt a 7 percent hiring quota for the…
Blog
The Regulatory Improvement Commission
Senators Angus King (I-Me.) and Roy Blunt (R-Mo.) are introducing a bill that would create just such a commission. Over at The American Spectator, Wayne…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
76 new regulations, from pet stores to food containers.
The American Spectator
The Regulatory Improvement Commission
There are regulations for everything from restaurant menus to walk-in freezers’ energy efficiency. Almost no one denies that the nation’s economy is saddled with some…
Blog
CEI Podcast for September 20, 2013: The EPA’s Latest Attempt to Ban Coal
A proposed rule issued today by the EPA would effectively ban new coal-fired power plants from being built. According to William Yeatman, Assistant Director of…
Blog
Executive Branch Review of Federal Regulations — Still Highly Incomplete
In the 2014 fiscal budget proposal, the White House praised regulation of auto safety, energy efficiency and credit cards, and claimed, "…
Blog
Ignoring the Government’s Role in the Financial Crisis, Five Years Later
When it comes to reporting on the 2008 financial crisis, many journalists are experts at ignoring the elephant in the room: the government's role in…
Blog
More Harm from “Disparate Impact” Regulations
Earlier, we wrote about the Obama administration’s attempt to inject a race-conscious “disparate impact” provision into colorblind anti-discrimination laws like the Fair Housing Act,…
Blog
Mississippi Should Tell CFPB to “Stop Spying on Me”
The federal Consumer Financial Protection Bureau is coming to Mississippi Wednesday and Thursday with a public forum on "access to information." A vital question for Mississippians to…
Blog
Congress to Mark Up Small Business Regulatory Flexibility Bill
The Regulatory Flexibility Act directs federal agencies to assess the effects of their rules on small businesses. How’s that going? A new book…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
61 new regulations, from banned avocados to sweet corn insurance.
Forbes
Obama Addresses Economy And ‘The Financial Crisis Five Years Later’
Today and this week, President Obama will address The Financial Crisis: Five Years Later in an effort shift attention back to domestic economic…
Blog
CEI Opposes Risky, Race-Conscious Federal Lending Requirements in Supreme Court Case
“Disparate impact” is a term in anti-discrimination law for when a neutral policy happens to affect minorities more than whites. One example is a standardized…
Blog
Green Market Pressure Takes Toll on Consumer Choice
When environmentalists don’t have the political power to regulate away consumer choice, they sometimes can get industry to do the job for them. Most recently,…
Blog
Update on American Airlines-US Airways Merger: Judge Approves American’s Bankruptcy Plan
Today, Judge Sean Lane of the U.S. Bankruptcy Court for the Southern District of New York approved American Airlines’s reorganization plan to exit bankruptcy protection,…
Forbes
Slow-Growth Policies Fuel Income Gap
The Competitive Enterprise Institute pegs the annual cost of environmental and other federal regulation at $1.8 trillion. A study cited by the U.S. Chamber of…
Blog
Paul and Udall Push Bipartisan Credit Union Business Lending Regulatory Reform
Today, the Credit Union National Association (CUNA) is launching its "Don't Tax Tuesday" in which credit unions and their supporters tweet members of Congress…
Blog
Before Net Neutrality Eats the World (Part 15): Can We Please End This. Please.
Today, Monday, September 9, 2013, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
58 new regulations, from foreign tax credits to growing dates in Riverside County, California.
Blog
Before Net Neutrality Eats the World (Part 14): What Should Congress Do?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Before Net Neutrality Eats the World (Part 13): What FCC Should Do Now
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Before Net Neutrality Eats the World (Part 12): Why Net Neutrality Threatens Homeland Security and Cybersecurity
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Scholars React to President’s Call to Shrink Law School from Three Years to Two
We earlier discussed (and agreed with) President Obama’s suggestion that law schools cut their length of study to two years from the current three…
Blog
Before Net Neutrality Eats the World (Part 11): The Inappropriateness of Compulsory Transparency
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Ronald Coase, Nobel Prize-Winning Economist, Dies at 102; CEI Releases Interview Footage From 2004
Ronald Coase, the University of Chicago economist who won the 1991 Nobel “for his discovery and clarification of the significance of transaction costs and…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from “shared responsibility payments” to Segelflugzeugbau sailplanes.
Blog
MoveOn admits: “[I]f younger, healthier people don’t participate, then costs will skyrocket and Obamacare will fail.”
MoveOn.org yesterday sent me an appeal asking for $5 to help fund a $250,000 social media campaign supporting ObamaCare targeted to reach young adults. Here’s…
Blog
Before Net Neutrality Eats the World (Part 10): Who’s Discriminating Online?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
CEI Podcast for August 29, 2013: Consequences of Net Neutrality
Have a listen here. In 2010, the FCC issued regulations to implement net neutrality. The resulting legal challenge is about to hit the D.C.
Blog
Before Net Neutrality Eats the World (Part 9): How to Expand Consumer Choice and Access to Content
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Before Net Neutrality Eats the World (Part 8): The Essential Elements of Non-Destructive Rulemaking
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Historians Should Learn the Economic Way of Thinking
Simon Schama is one of the world’s great historians. Indeed, I am currently having my children watch his magisterial “History of Britain,” and they are…
Blog
Before Net Neutrality Eats the World (Part 7): Mandatory Dumb Pipes? But Why Sacrifice Genius?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
Before Net Neutrality Eats the World (Part 6): Does “Market Failure” Demand Neutrality Regulation?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from hunting migratory birds to grading avocados.
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
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