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 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…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Search Posts
Blog
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…
Blog
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.
Blog
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…
Blog
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…
Blog
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
72 new regulations, from federal pecan insurance to avoiding collisions at sea.
Blog
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.
Blog
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…
Blog
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…
Blog
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…
Blog
CEI Podcast for May 30, 2013: The Politics of Caffeine
The Food and Drug Administration recently announced plans to investigate, and possibly regulate, caffeine consumption. Fellow in Consumer Policy Studies Michelle Minton prefers separation of…
Blog
Regulatory Opacity
In today’s Investor’s Business Daily, Wayne Crews and I make the case that one of the biggest obstacles to regulatory reform is a lack of…
Blog
TTB to Allow, Not Require, Nutritional Labeling on Alcoholic Products
It’s a rare occasion that we get to praise government agencies. While the federal agency governing alcoholic beverages certainly took it’s time to make a…
Investor's Business Daily
America’s Soaring Regulations Cost $1.8 Trillion A Year
Politicians from both parties routinely tout the need to roll back unnecessary regulations. But how much overregulation is there exactly? Most politicians have no idea,…
Blog
More than Taxing and Spending
The cost of government is far more than it taxes and spends. The Pittsburgh Tribune-Review’s editorial board agrees, as they opined yesterday:…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Potato Administrative Committees to Segelflugzeugbau sailplanes.
Investor's Business Daily
The cost of regulations: Economic tyranny
The big-government Obama administration’s propensity for end runs around Congress exacerbates the unchecked growth of federal regulations that diminish both liberty and prosperity.
Blog
Regulation of the Day Update: Olive Oil Victory
I recently posted that new EU regulations would require restaurants to use factory packaged and sealed bottles of olive oil. This would put small…
Blog
Anti-Business and Anti-Freedom: The United Nations Convention on the Rights of Persons with Disabilities
In the American Spectator, CEI Vice President for Strategy Iain Murray and Geoffrey McLatchey explain why the Senate should be skeptical of the United Nations Convention…
Blog
Does Austerity Really “Kill”?
Does austerity kill? In a recent New York Times op-ed, David Stuckler and Sanjay Basu claim that fiscal austerity leads to a worsening of health…
Blog
CEI Podcast for May 22, 2013: Twenty Years of Ten Thousand Commandments
The twentieth anniversary edition of Ten Thousand Commandments was released this week. Author Wayne Crews discusses the study, and how regulation has evolved over the…
Blog
Possible Unintended Consequences in New Obamacare Regulation
The PCIP program gives health care providers an incentive to refuse treatment to people who desperately need it.
One News Now
CEI report: Uncle Sam loves his regulations
Americans spent an estimated $1.8 trillion in 2012 to comply with federal regulations, reports the Competitive Enterprise Institute. The public policy organization has just released…
Breitbart
Cost of Complying with U.S. Regulations Higher Than Canada’s GDP
$1.8 trillion buys a lot of red tape. That’s how much the federal regulatory machine is costing Americans each year, according to the…
Blog
Ten Thousand Commandments Released Today
Over at the Daily Caller, Wayne and I briefly summarize of few of the report’s findings.
Study
Ten Thousand Commandments 2013
The scope of federal government spending and deficits is sobering. Yet the government's reach extends well beyond taxation and spending. Federal regulations cost hundreds of…
Daily Caller
The Towering Federal Register
This week marks the publication of the 20th anniversary edition of the Competitive Enterprise Institute’s annual survey of the federal regulatory state, Ten Thousand Commandments.
News Release
Ten Thousand Commandments: Regulations Increasingly Used to Enact Measures Voters Wouldn’t Approve
WASHINGTON, D.C., May 21, 2013 – In the twenty years since the creation of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory…
Products
Ten Thousand Commandments 2013: A Fact Sheet
Full Document Available in PDF 1. This is the 20th anniversary of Ten Thousand Commandments. In that time, 81,883 final rules have…
Blog
Udall-Paul Legislation Spreads Freedom for Credit Unions and Entrepreneurs
By definition, if a bill is sponsored by Sens. Mark Udall, D-Colo., and Rand Paul, R-Ky., or any similarly odd ideological couples in the House, it…
Blog
Regulation of the Day 231: Serving Olive Oil
Starting January 1, 2014, any olive oil served at EU restaurants “must be in pre-packaged, factory bottles with a tamper-proof dispensing nozzle and labelling in…
Blog
10KC in WSJ
The Wall Street Journal editorial board weighed in this morning on the issue of regulation, citing a few numbers from the forthcoming 20th anniversary edition…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
This week in the world of regulation: Last week, 71 new final regulations were published in the Federal Register. This is up from 64 new final…
Wall Street Journal
Red Tape Record Breakers
President Obama is opposing a bill passed by the House last week that would require the Securities and Exchange Commission to better measure the costs…
Blog
Regulation Roundup
Height limits for flying witches on broomsticks, mandatory street musician auditions, and more.
Blog
Surprising Junk Science on Fox News
News stories trumping junk science are common, but I expect better from Fox News, which claims to be "fair and balanced" and hosts great shows…
Blog
Regulation of the Day 230: The Temperature of Beer
The state of Indiana regulates the temperature at which convenience stores may sell beer. Specifically, they must sell it at room temperature. Cold beer is…
Blog
Sorry, Daily Beast: E-Verify Will Be National ID
Daily Beast blogger Justin Green, who blogs on columnist David Frum’s Daily Beast blog, has responded to Wired’s recent article “Biometric Database of All…
Blog
“Shocking” Truth about Government and Soap
Is your hand wash slowly killing you as government regulators sit idly by? Sounds silly, but that’s what environmentalists seem to think about an antibacterial…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from drawbridge schedules to official seals.
Blog
Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Edition
In the June issue of Reason, one of my favorite publications, Greg Beato has an article discussing the public policy implications of autonomous vehicles, such…
Blog
Government’s Chinatown Bus Shutdowns Based on “Statistical Malpractice”
Reason’s Jim Epstein has an article up that does a nice job debunking a National Transportation Safety Board study, prompted by a 2011…
Blog
First Amendment Menace: Obama Administration to Expand Americans with Disabilities Act over Websites?
Can websites be forced to change to accommodate the disabled -- by using "simpler language" to appeal to the "intellectually disabled," or by making…
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