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
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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Let in More Foreign Doctors to Fix Looming Shortage of Physicians Aggravated by Obamacare
“Bring on the foreign doctors,” writes Slate’s Brian Palmer: If President Obama’s health care reform plan is implemented in its current form, the United…
Blog
CEI Podcast for August 15, 2013: Justice Department Blocks Airline Merger
Fellow in Land-use and Transportation Studies Marc Scribner thinks the charges are overblown, and has ideas of his own for increasing competition.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
83 new regulations, from sweet cherries to air.
Blog
Not With Banks, Not With Retailers, But With Freedom
In explaining my policy positions, I often find myself pointing out I am neither pro-business nor pro-bank, but pro-market. My Competitive Enterprise Institute colleagues and I…
Blog
CEI Podcast for August 8, 2013: CEI Appeals Dismissal of Dodd-Frank Lawsuit
CEI general counsel Sam Kazman discusses plans to appeal the case.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
82 new regulations, dairy import licenses to information sharing.
Blog
The Misleading Push for the U.N. Convention on the Rights of Persons with Disabilities
Last year, the Senate did not ratify the U.N. Convention on the Rights of Persons with Disabilities, with supporters falling just short of the two-thirds…
News Release
After Nearly 20 Years, CEI Applauds Victory on REINS Act
WASHINGTON, DC, August 2, 2013 – Wayne Crews, vice president of policy and director of technical studies at the Competitive Enterprise Institute, had the following…
Comment
Comments to the OMB on its 2013 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act.
Wayne Crews submitted comments to the OMB on its 2013 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance…
Blog
Court Wrong to Make Dodd-Frank Durbin Price Controls More Draconian
Today, U.S. District Judge Richard Leon ruled that the Federal Reserve's implementation of the Durbin Amendment of the Dodd-Frank financial overhaul, which sets price controls on…
Blog
Regulation of the Day Update: Pulling a Rabbit Out of a Hat
The USDA is temporarily suspending its magician's rabbit-license regulations "in order that we may undertake a review of their requirements."…
Blog
CEI Podcast for July 31, 2013: REINS Act Hits the House Floor
Vice President for Policy Wayne Crews talks about the Regulations from the Executive In Need of Scrutiny (REINS) Act, which is expected to pass the…
Blog
REINS Act to Hit House Floor Tomorrow
The bill would add some oversight to a regulatory process that has far too little of it.
Forbes
Congress Confronts ‘Laws Gone Wild’
How extensive is federal regulation? The “hidden tax” now tops $1.8 trillion annually, an immense drain on innovation, entrepreneurship and productivity and living standards. Federal…
Blog
New USTR Discusses Trade Agenda, How U.S. and EU Can Address Divergent Regulatory Regimes
At a forum this morning hosted by the U.S. Chamber of Commerce, the new U.S. Trade Representative, Michael Froman, discussed the next steps…
Blog
The Rip-Off that Is Occupational Licensing
Occupational licensing rules allow trade schools in some states to force students to attend them, enabling the schools to charge students lots of tuition for…
Blog
Regulating E-Cigarettes Creates the Wrong Incentives
The U.S. Food and Drug Administration (FDA) is gearing up to regulate electronic cigarettes (e-cigarettes) by early October. These regulations, rather than protecting the public…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from turtle-killing to felon financiers.
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
Regulation Causes Inflation
Over at the American Spectator, I show why an unintentional and unavoidable side effect of regulation is inflation:…
Blog
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…
Blog
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…
Blog
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.
Blog
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."…
Blog
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…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from school lunches to the legal definition of “ski area.”…
Blog
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…
Blog
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…
Blog
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…
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