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
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Search Posts
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Topeka shiners to room air conditioners.
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from apartment building energy usage to when truckers have lunch.
Blog
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:…
Blog
CEI Podcast for July 11, 2013: Farm Bill Controversy
Adjunct Fellow Fran Smith breaks down the controversy surrounding this year's farm bill.
Blog
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…
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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…
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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)…
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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…
Blog
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…
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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…
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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…
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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.
Blog
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…
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