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
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
Blog
Regulation of the Day: Endangered Snails
The sixteenth in an occasional series that shines a bit of light on the regulatory state. Today’s Regulation of the Day comes to us from…
Blog
House Dems Would Ban New Private Health Insurance
"Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first…
Blog
Regulation of the Day: The Color of Stitches
The federal government regulates which colors may be used in surgical stitches.
Newsletter
White House Science Czar, Catfish Imports and Gingrich’s “Real” Stimulus
Critics question the controversial beliefs of White House science adviser John Holdren. U.S. catfish producers try to block inexpensive fish imports from Vietnam. Former House…
Blog
Exclusivity is the Mother of Invention
The web is all aflutter in the debate over handset exclusivity. Harold Feld of Public Knowledge describes in a recently posted video how exclusive…
Blog
A Handshake, Not a “Contract with America”
Newt Gingrich’s new “Strategy Memo: Time for a Real Stimulus Bill” is helpful on highlighting tax cuts that could stimulate business’ capacity for job…
Blog
Fishy Politics May Harm US Consumers
The various US attempts to hobble the Vietnamese farmed-catfish industry is no less underhanded. And, in order to prevent a trade war with Vietnam, it…
Blog
Lamar Smith on Cap and Tax
A good, short, succinct summary of why Rep Lamar Smith (R.-KY) voted against Cap-and-Tax. Hat-tip: The Chilling Effect [youtube:http://www.youtube.com/watch?v=SBFwZUiGOWs 285 234]…
Blog
Doing Business in DC
DC Progress notes that Washington, DC has ranked dead last in the annual Small Business Survival Index every year since the mid-1990s. One of the…
Blog
Growing Young Statists
Gene Healy’s column in Examiner today chronicles the alarming statism and collectivism of today’s youth and tomorrow’s voters. The generation born from the…
Blog
Reason’s Shikha Dalmia on EFCA’s Binding Arbitration Provision
With Al Franken joining the Senate, public attention is again turning to the so-called Employee Free Choice Act (EFCA). In the weekend Wall Street Journal,…
Newsletter
Sotomayor in the Senate, The New GM and State Farm in Florida
Judge Sonia Sotomayor prepares for her confirmation hearings in the Senate. A slimmed-down General Motors emerges from bankruptcy. Florida’s insurance commissioner claims to have “a…
Blog
“It would be hard to devise a surer formula for economic catastrophe.”
It may not be in a debacle like California’s, but I still find it galling to see my home state of Florida go from being…
Blog
Reason’s Michael Moynihan on the SEIU Chavistas
At Reason Hit & Run, Michael C. Moynihan looks at the Service Employees Internatinoal Union’s harassing of broadcasters who air ads opposing the so-called…
Newsletter
Safe Bottled Water, a Second Stimulus and Keeping Government out of Insurance
Rep. Bart Stupak (D-MI) questions the safety of the U.S. bottled water industry. Officials consider putting together a second stimulus package to follow the $787…
Blog
CEI Weekly: Firsthand At the Tea Party
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday. Also included in the…
Blog
A Second Stimulus?
Any stimulus proposal is, by its very nature, less than a zero-sum proposition. Stimulus involves taking some money out of the economy, wasting some of…
Blog
Regulation of the Day: Asphalt Emissions
EPA is proposing national emission standards for asphalt processing and asphalt roofing manufacturing.
News Release
CEI Questions ProtectingAmerica.org Insurance Study
Analysts at the Competitive Enterprise Institute, a free market think tank, criticized protectingamerica.org’s continued advocacy for a federal insurance backstop.
Blog
Crews in the News: Consumer Choice Doesn’t Come From Regulation
CEI’s own Wayne Crews is quoted in the Boston Globe this morning, explaining why real competition — not government-mandated ‘openness’ — is the best…
Blog
Igniting Agricultural Innovation
"Biotechnology applied to agriculture has enormous potential to enhance our ability to develop seeds for improved crops and for enhanced livestock to enable us to…
Blog
Antitrust Irony
Microsoft is having a tense antitrust discussion with the EU. Meanwhile, Google is readying an operating system to directly compete with Windows. Compare and contrast.
Boston.com
Pick Your Handset or a Network, Not Both
Blog
Antitrust Policy and Telecoms
It’s hard to make a case that a company is abusing market power if it doesn’t really have any. And Verizon and AT&T are not…
Blog
Stepping Up the Class War
On both of the most salient issues of the day, health care reform and climate change, proponents of the corresponding legislation are setting their sights…
Newsletter
Cap and Trade, Tea Parties and Luggage Limitations
The Senate prepares to consider the “cap and trade” global warming legislation recently passed by the House of Representatives. Citizens around the country gather at…
Blog
Regulation of the Day: The Size of Your Carry-On Bags
The Securing Cabin Baggage Act wouldn't add to security, wouldn't make flying more convenient, and may well be the result of rent-seeking.
American Spectator
Unnecessary Baggage
Rep. Dan Lipinski (D-Ill.) thinks that your carry-on bags are a threat to national security. To address this grave threat, he has introduced the Securing…
Blog
Regulation of the Day: The Price of Shrimp
The ITA has been upset for some time that a Thai shrimp exporter is selling shrimp cheaply; hungry consumers have had no complaints.
Wall Street Journal
The EPA Silences a Climate Skeptic
Blog
Washington Post Sells White House Access to Lobbyists, and Misreports Obama Health-Care Facts
Until it was publicly-exposed, the Washington Post was selling its access to the White House to lobbyists. As Politico reported, “For…
Wall Street Journal
Sink Schumer’s dangerous ‘Shareholder Bill of Rights’: It’s micromanaging madness
If deceptive labeling of bills in Congress were punishable by government agencies, Sens. Chuck Schumer (D-N.Y.) and Maria…
Blog
Regulation of the Day: Saving the Children from Durable Products
How much safer will this rule make our children? How much more expensive will the affected goods be? How many people actually bother to send…
Blog
Can the Blogosphere Be Regulated?
The Federal Trade Commission seems to think so. A fresh set of proposed Federal Trade Commission guidelines, if approved this summer, would…
Blog
More Risky, Low-Income Loans: Obama Asks Congress to Create a Harmful Consumer Financial Protection Agency
Banks will now be pressured to make even more risky, low-income loans. Obama has sent to Congress his proposal to create a politically-correct Consumer…
Wall Street Journal
Goodbye, Mother Harriette: Loose Lips Daily
Blog
Obama’s Call for Light Bulb Regulation Not a New or Bright Idea
Eager to sustain his regulatory whirlwind, President Obama is now calling for efficiency standards for household and business lighting. As if the climate-themed…
Blog
Regulation of the Day: Cap and Trade
The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations.
Wall Street Journal
Non-Profits Can Help the District’s Failing Economy
Public charities — organizations that do everything from advocating for wildlife to supporting stronger national defense — are the heart of Washington, D.C.’s private…
Blog
Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano
The Court reversed a decision by the Second Circuit Court of Appeals, including Judge Sonia Sotomayor. . . The Supreme Court held that this was…
Blog
Regulation of the Day: School Buses
Because of overwhelmingly negative comments, DOT has decided not to go forward with a proposed change to federal school bus policy (isn’t education supposed to…
Wall Street Journal
Media Ignore Negative Aspects of Obama Agenda
Mark Tapscott is right that much of the media are “in the tank for Obama.” That’s why they failed to report on how his stimulus…
Blog
Green Pork and (Davis) Bacon
The alliance between organized labor and leftist environmentalists remains as strong as ever. As Carter Wood at Shopfloor.org notes, the Waxman-Markey climate change bill…
Blog
Regulation of the Day: Solid Waste
When an agency screws up really badly, political leaders will sometimes change the agency's name. The EPA’s Office of Solid Waste is now called the…
Blog
Obama’s Job-Killing Stimulus Package Replaced Investments With Welfare, Out of Political Correctness
Obama’s $800 billion stimulus package was purged of most investments in roads and bridges, and filled instead with welfare and social spending,…
Blog
Regulation of the Day: Rice Inspection Certificates
Our rice is in crisis. Inspection certificates currently contain some data in the grade line section that better belongs in the results section. Fortunately, the…
Newsletter
Political Science at EPA, Climate Legislation in the House and Consumer Insurance Reform
The Environment Protection Agency suppresses an internal study on global warming for political reasons. The House of Representatives prepares to consider the Waxman-Markey climate bill.
Blog
Obama Backs Corrupt Status Quo in Financial Rules Overhaul
The mortgage crisis was caused largely by the reckless government-sponsored mortgage giants Fannie Mae and Freddie Mac, and by federal affordable-housing…
Blog
Hearings Open on Coercive and Counterproductively Costly Health Care Bill
Congressional Democrats are pushing hard to complete their health care bill before next week’s recess, but their hopes for a quick passage and the…
Blog
FDA Tobacco Regulation May Harm Public Health By Blocking Healthy Alternatives
FDA regulation may actually undermine public health by making it harder to market to smokers other tobacco products, like snus, that are not as lethal…
Blog
FTC to Monitor Blogs for Undisclosed Compensation
So much for the idyllic “free information” model of the internet. The Federal Trade Commission is drafting new rules that would extend its authority to encompass bloggers who…
Blog
Obama Administration’s Anti-Travel Policies Hit New Low
A few weeks ago, I wrote about the new passport requirements implemented at the U.S.-Canada border. As I noted at the time, most Americans–including…
Newsletter
Stimulus Waste, California’s Deficit and Internet Privacy
Sen. Tom Coburn (R-OK) releases a report citing millions of misspent dollars from the federal economic stimulus package. The state of California faces a $24…
Blog
U.S. Senate Investigates Mobile Phone Exclusivity Deals
A group of US Senators has sent a letter to the Federal Communications Commission expressing their concern that the exclusive arrangements that are common between wireless…
Blog
E-Cigarette Smokers Could Be Left Out in the Cold
The “smokes” may be different, but the Food and Drug Administration’s ever-vigilant watch to keep us safe from ourselves in its quest to quantify…
Blog
Stimulus = Welfare + Quotas + Corruption
Obama’s $787 billion stimulus package is now being used to force states to adopt racial quotas in government contracts, even if their state constitution…
Blog
The $60,000 Obama Health-Care Plan: It’s “Eye-Poppingly” Expensive on a Per-Person Basis
Obama’s health-care proposals will cost well over a trillion dollars, without providing universal coverage. They are so “eye-poppingly” expensive that even Congressional Democrats have…
Blog
Regulation of the Day: The Inter-American Tropical Tuna Commission
The State Department has renewed its membership in the Inter-American Tropical Tuna Commission. This will cost taxpayers more than $2 million in annual membership dues.
Atlanta Journal Constitution
Federal Regulatory Burden Hits $1.17 Trillion by Bob Barr
Blog
Regulation of the Day: Parole Rules for Federal Prisoners
Today’s Regulation of the Day comes to us from the Department of Justice ($26 billion 2009 budget, 112,000 employees). Parole rules for DC offenders and…
Newsletter
Clean Water, Banking Regulations and Air Quality
The Senate Environment and Public Works Committee marks up the “Clean Water Restoration Act.” President Obama announces major new controls on the…
Blog
Obama Seeks to Mandate More Risky, Low-Income Loans by Banks, in New Financial Rules
The President has just announced proposals for a major overhaul of the financial system. The proposals would force banks to make even…
Blog
HHS Secretary: Health Insurance Industry Needs Competition… With Government
In an AP interview on Tuesday, Health and Human Services Secretary Kathleen Sebelius called for competition in the health insurance market. No, not between…
Blog
Wasteful Regulation
The issue of “e-waste” has been receiving a lot of attention recently, mostly from critics concerned about discarded electronics being shipped off to developing…
Blog
Regulation of the Day: Clean Air in Columbus, OH
Today’s Regulation of the Day comes to us from the EPA. One would think that regulators, seeing heartening results, would pat themselves on the back…
Blog
Obama’s Speech to AMA on Healthcare Misses the Point
In a speech before the American Medical Association on Monday, June 15, President Obama pitched his plan for heathcare reform. The main thrust of the…
Atlanta Journal Constitution
Obama Administration = Waste, Corruption, Corporate Welfare
Rapidly-rising Medicare spending already threatens “to crush the federal budget,” and much Medicare spending is wasteful, yet the Obama Administration claims it…
Atlanta Journal Constitution
Retirees and Pensions Fuel GM’s Downfall
General Motors has declared bankruptcy as a result of a number of things — bad management, poor products and screwy labor relations. But in…
Blog
Senate Passes FDA Tobacco Regulation Bill; Obama Will Sign It
The Senate has just passed the FDA tobacco regulation bill by a 79-to-17 vote. The bill now goes to President Obama, who has…
Blog
Barney Frank Asked about Executive Pay Curbs; Throws Tantrum
Rep. Barney Frank (D-Mass.) appears to be working in tandem with the Obama administration on making executive pay subject to shareholder votes. That seems…
Blog
Steve Forbes celebrates CEI’s 25th year
Steve Forbes in the Washington Times today has a very nice tribute to CEI on its 25th Anniversary. Forbes points out some of CEI’s…
Blog
FDA Poised to Regulate Tobacco, Which May Backfire
Congress is about to enact a bill to subject tobacco to FDA regulation. Mark Berlind notes one anomalous feature of the bill: it…
Blog
Eleventh Circuit Grants Rehearing in Reeves v. C.H. Robinson Worldwide, Which Gutted Statutory Limits on Sexual Harassment Claims
Can you sue your employer because your co-workers listen to raunchy radio programs? A federal appeals court is reconsidering its 2008 ruling…
Blog
Public Wants Wasteful Stimulus Package Canceled
By a margin of 45% to 36%, the American people want to cancel the $787 billion stimulus package, reports pollster Rasmussen Reports. Economist…
Newsletter
Broadband Stimulus, Fiat Takes Over Chrysler and the UN’s World Oceans Day
Business and advocacy groups flood the Federal Communications Commission with comments on the agency’s proposed national broadband plan. Italian automaker Fiat…
Blog
Regulation of the Day: Saving the Children
On June 26, the National Commission on Children and Disasters is having a meeting. They will be talking about another meeting from the day before.
Blog
Supreme Court Vacates Stay Order in Chrysler Case, Refuses to Rule on Legal Challenges At This Time
The full Supreme Court just vacated the stay that Justice Ginsburg earlier entered that had temporarily blocked the government’s plan for Chrysler. Why it…
Blog
Supreme Court Temporarily Blocks Illegal Chrysler Giveaway to UAW
Supreme Court Justice Ruth Bader Ginsburg yesterday granted a stay temporarily blocking the government’s plan for Chrysler, which would give effectively give most of…
News Release
CEI to FCC: Don’t Strangle Broadband Industry
The Competitive Enterprise Institute this week filed comments advising the Federal Communications Commission on how best to proceed with its plan for a national…
News Release
Bank Chairman to Speak Out on Banking Crisis and Capitalism at CEI 25th Anniversary Gala
This Thursday evening John Allison, Chairman of BB&T Bank, will deliver the keynote address at the Competitive Enterprise Institute’s 25th Anniversary Gala. Allison will…
Blog
Stimulus Package Kills Jobs, Drives Up Unemployment
Unemployment is now even higher than the Obama Administration said it would be if there were no stimulus package. At least 1.5 million…
Blog
Illegal Takeover of Chrysler: Pension Funds Have Standing in Indiana State Police Pension Trust v. Chrysler, LLC
Earlier, I wrote about the Indiana pension funds’ challenge to the Obama Administration’s plan to effectively give Chrysler to the UAW Union, while cheating…
Blog
Regulation of the Day: Drawbridge Schedules in Sturgeon Bay, WI
Today’s Regulation of the Day comes to us from the Department of Homeland Security (208,000 employees, $52 billion 2009 budget).
Newsletter
Chrysler in Court, the Costs of Regulation and a Global Tax on Airline Travel
A federal appeals court refuses to block Chrysler’s bankruptcy reorganization and sale to Fiat. A new study finds that compliance costs for federal regulation reached…
Washington Examiner
To Stimulate the Economy, Let it be Free
Lobbying is about the only sector of the economy experiencing a boom right now. This is a predictable effect of the tax-and-spend stimulus model favored…
Blog
Court Rebuffs Challenge to Illegal Chrysler Bailout and Takeover; Pension Funds Will Appeal to Supreme Court
A federal appeals court has refused to block the Administration’s illegal auto bailout, which rips off taxpayers and pension funds to enrich…
Blog
Regulation of the Day: Taxpayer-Funded Advertising for Mushrooms
This is the first installment of an occasional series that shines a little light on what the regulatory state is up to. Today’s Regulation of…
Newsletter
Windmills in Danger, Record Unemployment and Hurricane Season
A wind power development in Wyoming may be derailed by the Endangered Species Act. The unemployment rate rises to 9.4%. Residents in the southeastern U.S.
News Release
New CEI Report Explores Hurricanes, Warming
A new report from the Competitive Enterprise Institute questions alarmist predictions of increased hurricane damage resulting from human-caused global warming. The report recommends that…
Blog
Illegal, Unfair Auto Bailout That Harms Retirees and Taxpayers Challenged in Chrysler Bankruptcy
The Indiana State Teachers’ Retirement Fund is rightly challenging the diversion of tens of billions of dollars of federal TARP bank bailout money to…
Newsletter
The Costs of Regulation, Chrysler’s Bankruptcy and Teamsters on Strike
A new report from CEI finds that the annual cost of federal regulation is more than $1.1 trillion. A federal judge halts Chrysler’s planned bankruptcy…
Blog
Union Keeps Special Privileges Through Taxpayer Bailout of General Motors
The federal government is spending more than $50 billion to bail out General Motors, with no end in sight. But the UAW union…
News Release
Crushing, Hidden Tax of Federal Regulation Soars
Crushing, Hidden Tax of Federal Regulation Soars Lawmakers Fail to Scrutinize the "10,000 Commandments" of Federal Regulations Washington, D.C. June 3, 2009 – Federal…
Blog
How to Stop Another GM: Abolish Pensions
GM, of course, declared bankruptcy today. A number of things—bad management, poor products and screwy labor relations—hurt the company. But in the…
Blog
Corporate Welfare on a Vast Scale: Obama’s Cap-and-Trade Scam Threatens Economy
One of Obama’s own advisers admits that the cap-and-trade energy-rationing scheme backed by the “Obama Administration and Congressional Democrats” would “have a trivially small…
Washington Examiner
Congress Gets Flurry Of Insurance Bills
Washington Examiner
Permanent Replacement for Dinallo Likely Months Away
Blog
Wasteful Obama Auto Bailouts Disturb Even Liberal Washington Post
Even the liberal Washington Post, which endorsed Obama and has not backed a Republican for president since 1952, is getting fed up with the…
Blog
Anti-GMO Zealots vs. Starving Zimbabweans
In Zimbabwe, the most food aid-dependent country in the world, officials and self-styled “consumer activists” have begun raiding shops suspected of selling genetically-modified food,…
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Ten Thousand Commandments 2009
Wayne Crews' annual accounting of the hidden taxes of regulation.
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