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
Blog
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
More Lawsuits Against Doctors, Hospitals Due To Senate Amendment 3215 To NDAA
Earlier, I wrote about a proposed amendment to the National Defense Authorization Act for 2013, which would dramatically increase lawsuits against schools and…
Blog
Official Time: Officially Outrageous
Would you be upset if you learned that your local tax dollars were funding a rival sports team in another state? Of course, but that, thankfully, is…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
88 new regulations, from phone bill formatting to food labels.
Blog
Intrade Is Only The Latest CFTC Outrage
Every so often, a government agency will do something so outrageous it will shock even even everyday critics of "big government," as well as draw…
Blog
Good Riddance! — SEC’s Schapiro Sabotaged Startup Law Supported By Obama
When President Obama appointed Mary Schapiro to head the Securities and Exchange Commission four years ago, I kept an open mind and was even cautiously optimistic.
Blog
CEI’s Battered Business Bureau: The Week In Regulation
32 new regulations, from dehumidifiers to solid waste.
Forbes
Regulatory Uncertainty Drives A Fish Farmer To Foreign Waters
Feeding 7 billion people is no small challenge. As it has from time immemorial, high quality protein harvested from the sea plays a major role…
Blog
CEI Podcast For November 21, 2012: Will Hostess Survive?
Senior Fellow Matt Patterson breaks down the controversy surrounding confection maker Hostess' perilous position.
Blog
Investment Falls Off A Cliff, Threatening Economy
Investment has fallen "off a cliff" reports The Wall Street Journal, as companies worry about the "fiscal cliff" at the start of next year,…
Blog
Overhyped Energy Drink Reaction
As has been reported extensively, the Food and Drug Administration has received several recent reports of alleged side-effects sustained by consumers who have ingested energy…
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Liberal Judges: Equality Is Unconstitutional
On Thursday, a federal appeals court, dividing along ideological lines in an 8-to-7 ruling, struck down a provision of the Michigan state constitution prohibiting racial…
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CEI’s Battered Business Bureau: The Week In Regulation
48 new regulations, from medical paperwork to longshoremen’s headwear.
Blog
The Basel Cliff — Basel III’s Poisonous Recipe For The Economy
As if the "fiscal cliff," with its prospects of looming tax hikes, were not enough, big and small banks—and in turn consumers and businesses who…
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Quote Of The Day: Knowing One’s Limits
Alfred Kahn's lesson for regulators: "Do you want to be precisely wrong or approximately right?"…
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Businesses Against Deregulation
The trucking industry went to extraordinary lengths to fight deregulation in the 1970s.
Blog
Jeffrey Sachs: Macro-Keynsianism Is “Outdated And Outmoded”… So, We Need Micro-Keynsianism!
Jeffrey Sachs, the harbinger of bad policy, has written his first post-election column in the Financial Times, “Obama has four years to transform America’s…
Blog
Immigration Reform Resurrected!
Nothing makes politicians see the light like losing. Even while immigration restrictionists reassure themselves that the GOP’s immigration message is fine despite losing as…
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CEI’s Battered Business Bureau: The Week In Regulation
61 new regulations, from organic food residue to amateur rocketry liberalization.
Blog
D.C. Councilmember Mary Cheh Still Doesn’t Understand Driverless Cars
Last Sunday, The Washington Post published my op-ed criticizing the approach taken by Councilmember Mary Cheh's introduced legislation to legalize driverless cars in Washington,…
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The Election Is Over: What Now For Regulation?
A midnight rush is on the way, though it will likely be smaller than if Romney had won the election.
Blog
CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from dishwashers to falconry.
Blog
Alabama Unions Vs. Privacy: Organized Labor’s War On The Secret Ballot
By Matt Patterson and Crissy Brown Tomorrow, Alabamans will have the opportunity to enshrine the secret ballot into their state constitution. A proposal before voters called Amendment…
Blog
“Status-Quo-ism” Of Italian Politicians Is Economically Perilous
Italian media report all sides of Italy’s political spectrum are calling for early elections. Unfortunately, that means a return of the unreformed Italian political class…
Forbes
You Can Sense The Desperation in the Air
The Competitive Enterprise Institute reports that the Obama administration issues a new regulation every two hours, and the Heritage Foundation has reported that during the…
Blog
Never Look A Gift (Clause) Horse In The Mouth
In America, it is impossible to snuff out money from politics. As long as government has the power to dish out favors to politically connected…
Blog
Sandy Beaches, Meet Hurricane Sandy
In the wake of Hurricane Sandy, many reminisce of 2005's Hurricane Katrina. With at least a dozen East Coast states in a declared state of…
Blog
CEI Podcast For November 1, 2012: Is Google’s Search Dominance Permanent?
Associate Director of Technology Studies Ryan Radia argues that Google's current dominance as an Internet search engine service is a fragile thing. Creative destruction is…
Forbes
President Obama’s Hidden Tax
Regulations are often called a hidden tax; but in President Obama’s case, it’s literally true. Despite the written commitment to transparency and…
Blog
Obamacare Will Increase Health Insurance Costs In California, Washington, D.C., And Elsewhere
California officials concede that their state’s Obamacare exchange will hike premiums for policyholders by up to 25 percent. In the District of Columbia, small…
Blog
Fred Weekly: Rent-Seeking Vs. Advancing Capitalism
In this latest episode of “Fred Weekly,” CEI President and Founder Fred L. Smith, Jr., discusses advancing free markets in an increasingly politicized world. Watch…
Free Beacon
U.S. Faces Regulatory Cliff: Looming rules could drive up costs, report says
William Yeatman, an environmental regulation expert at the Competitive Enterprise Institute, said Inhofe’s steep price tag is no exaggeration. “This has been a…
Blog
Italy’s Greatest Economic Threat: Italian Politicians
Italian ex-Prime Minister Silvio Berlusconi told news sources last week that his party -- Popolo della Libertà -- would soon decide whether or not to…
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CEI’s Battered Business Bureau: The Week In Regulation
77 new regulations, from animal drugs to phone bills.
Blog
Regulatory Delays May Be Responsible For Slightly Better GDP Growth
This morning, data released by the Bureau of Economic Analysis showed third-quarter growth of gross domestic product (GDP) at 2 percent. This beat expectations slightly as, according to…
Blog
Pepco Caves On Contract Dispute To Avoid Union Strike
Talk about having your negotiating adversary over the barrel. Pepco and the International Brotherhood of Electric Workers’ Maryland-based Local 1900 had been in contract gridlock…
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Regulation In Theory Vs. Practice
Externalities, asymmetric information, and monopolies are useful concepts for understanding how regulators should behave. But the important thing is how they do behave.
Blog
Police (Union) Brutality: Montgomery County Police “Effects” Bargaining Bludgeons Public Safety
This November, voters in Montgomery County, Maryland, will decide whether the police chief or union boss should determine public safety policy. The voter initiative, which will appear…
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PolitiFact Smears Supreme Court, Provides False Political Talking Point For Democratic Party
Earlier, the left-leaning "fact-checker" PolitiFact made the false claim the Supreme Court had declared employees are barred from suing over pay discrimination even…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from gas mileage to certifying seafarers.
Reason
Yes, Romney and Obama, Government Regulation Encourages Outsourcing
Last month, CEI's Wayne Crews told the House Judiciary Committee: “For the broader ‘significant’ category of rules (economically significant rules plus rules considered officially significant…
US News
Red Tape Is Strangling the Recovery
Last year alone, federal agencies issued 3,807 final rules according to data compiled by Wayne Crews of the Competitive Enterprise Institute.
Blog
Of Mice, Mushrooms, And Formaldehyde
According to New York Times journalist Nicholas Kristof, the chemical industry is engaged in a grand conspiracy to hide the fact your kitchen cabinets…
Blog
Dodd-Frank’s Democratic Dissenters — From Brian Schweitzer To Debbie Wasserman Schultz
"For some reason, some Republicans in Congress are still waging an all-out battle to delay, defund and dismantle these commonsense new rules." That was, in…
US News
Is U.S. Economic Growth Over?
[E]stimates of how economically burdensome the regulatory state is range from the Obama administration lowball estimate of a mere $67 billion [PDF] annually to the…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
38 new regulations, from amateur rocket operations to the definition of “night.”…
Blog
The Missing Transparency: Where’s The Unified Agenda?
When it comes to government transparency, it is essential to throw at least some sunlight on the problem. Over at the Daily Caller, Wayne Crews…
Blog
Jobless Youth: Southern Europe’s Ticking Time Bomb
Forget austerity and bailouts. Southern Europe has an even bigger problem: a glut of unemployed young people. If this trend continues, workforces will regress in…
Blog
At Brookings, Susan Crawford Fostering Internet Competition
Yesterday, the Brookings Institute held a panel that purported to discuss “Fostering Internet Competition”. But who is to do the fostering? Federal regulators, of course.
Daily Caller
Missing: Regulatory transparency
Every spring and fall, as certain as the turning of the seasons, the General Services Administration’s Regulatory Information Service Center (RISC) issues a new edition…
Blog
Liberal Lawmakers To Rethink California “Green Chemistry”
California's Green Chemistry regulations have proven so unruly even the state's liberal lawmakers have begun to question the cost. The state legislature passed the…
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