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: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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…
Search Posts
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,…
Study
Ten Thousand Commandments 2009
Wayne Crews' annual accounting of the hidden taxes of regulation.
Investors' Business Daily
America’s Hidden Trillion-Dollar Tax
We need a breather to take it all in: TARP, a $787 billion stimulus bill and a projected $1.845 trillion budget deficit. But lost among…
Blog
Compare and Contrast
Bjorn Lomborg, November 2007: …although it may seem almost comically straightforward, one of the best temperature-reducing approaches is very simple: paint things white. Cities…
Newsletter
The Credit Card Bill of Rights, Chrysler’s Bankruptcy and Carbon Trading
President Obama signs the credit card “bill of rights” into law. A federal bankruptcy judge prepares to rule on Chrysler’s financial future. Carbon trading is…
Blog
A Bleak Regulatory Future for the Tech Sector
May so far has been full of omens for the future of technology regulation. On Monday the 11th, the Obama administration announced that it would…
Blog
Divorce Courts Harass Our Troops and Small Businesses
Memorial Day is an opportunity to thank our troops, and open our eyes to the disgraceful way they are treated by divorce courts. The bias…
Blog
Chrysler Confronts Grim Future, Despite Billions in Taxpayer Subsidies
The federal government poured billions of dollars into Chrysler, which then went bankrupt and merged with Fiat. But Chrysler may never revive, thanks to absurdly…
Blog
Fulfilling Prophecies
CBO estimated today that unemployment will top out at around 10.5% before it recovers. Congress is doing its part to make CBO’s dire prophecy a…
Investors' Business Daily
Supreme Court To Hear Sarbanes-Oxley Challenge
A major government abuse of power is about to get much-needed scrutiny, thanks to the Supreme Court, which this week decided to hear…
Blog
Victory for Capitalism in World’s Largest Democracy
India’s Congress Party was responsible for many mistakes when it turned India into a corrupt socialist state in the 1960s and 70s, but it changed…
Blog
Adviser Admits Obama’s Tax Increases May Kill Economic Recovery
Harvard economist Martin Feldstein, warns that “the barrage of tax increases proposed in President Barack Obama’s budget could . . . kill any chance of…
Blog
Law Professors Urge Supreme Court to Review Challenge to Powerful Agency, in Free Enterprise Fund v. Public Company Accounting Oversight Board
Tomorrow, the Supreme Court will weigh whether to decide what a federal judge called the “the most important separation-of-powers case regarding the President’s appointment…
Newsletter
Europe Investigates Intel, Obama Explodes the Deficit and Minnesota Jumps on the Banned Wagon
European antitrust officials prepare to rule in an investigation of Intel’s microchip marketing practices. The White House estimates that the deficit will explode to $1.8…
Newsletter
Chrysler’s Bankruptcy, Small Businesses Fight Back and New York’s War on Bottled Water
Financial analysts size up what Chrysler’s entrance into Chapter 11 bankruptcy means for customers and employees. Small business owners band together to oppose new union…
Newsletter
The War on Cockroaches, Consumer Credit Shrinks and the Future of Internet Gambling
New York State officials move to limit sale of anti-insect “bug bombs” to consumers. Economists chart a record drop in consumer credit. Rep. Barney Frank…
Blog
Another Postage Hike on Monday
Postage rates will go up on Monday. Thanks to the forever stamp, most of us won’t have to bother with those infernal 2-cent stamps this…
Blog
Cockroaches Win
If New York regulators get their way, the only other option will be for people to hire an exterminator. So basically, if your income is…
Newsletter
Cap and Trade Compromise, the Return of Bed Bugs and Jack Kemp, RIP
The White House floats the idea of allowing new oil and gas drilling in exchange for support of a cap and trade system for greenhouse…
Blog
Obama’s pending cybersecurity overhaul should heed the “Cybersecurity Commandment”…
Not many details have appeared, but the Atlantic reports on a speech given by the administration’s Melissa Hathaway in McLean, VA: In her speech,…
Newsletter
Consumer Credit, Social Security and Swine Flu
The House of Representatives votes to limit credit card fees and interest rates. President Obama endorses raising Social Security taxes. Vice President Biden advises Americans…
Blog
Fix Social Security; Unleash Capital
In RealClearMarkets.com, Fred Smith and I explain how the seemingly forgotten — but still important — goal of Social Security reform can help unleash capital,…
News Release
CEI Comment on Obama 100 Days
Obama Bombs on Spending, Energy in First100 Days, Hope for Progress on Regulations, Credit Crisis CEI Comments on Obama 100 Days and What’s Ahead…
Financial Times
Fed’s policies contradict each other
Sir, Henry Kaufman frets that “libertarian dogma led the Fed astray” (April 28). Congress, not free-market ideology, is the real culprit. One reason…
Blog
Well @#$%&, Supreme Court Upholds Ban on “Expleetive Deleetives.”
In FCC v. Fox today, the Supreme Court upheld regulation of “fleeting expletives” on broadcast television. What should be “fleeting” is the nearly century old…
Financial Times
Dodd to revise CARD proposal
Blog
When Government Spending Gets Really Obscene
My good friend and Bureaucrash ally Xaq Fixx recently altered me to an interesting story on the intersection of politics, technology and free…
Blog
General Growth Properties (GGP) — Bankruptcy the way it ought to be
On the surface, given the economic turmoil we’ve had, there was nothing that remarkable about the bankruptcy of shopping mall owner General Growth Properties (GGP).
Blog
Obama credit card meeting — should meet with economists instead
Instead of meeting with the executives of credit card issuers and sactimoniously lecturing them about not raising rates, as he is doing…
Blog
Mortgage Executive Kills Himself, After Obama Makes Mortgage Giant Freddie Mac Lose Money to Bail Out Irresponsible Borrowers
The chief financial officer of mortgage giant Freddie Mac committed suicide today in his basement. The Obama Administration forced Freddie Mac to run up…
Blog
People Make Earth Day Better
This year, we at the Competitive Enterprise Institute are suggesting that those who will be celebrating Earth Day remember the challenges presented by living in…
Blog
Does Anyone Understand The Internet?
I’m beginning to think “no” is the definitive answer. While most tend to understand the basic concepts of Internet connectivity and its associated parts, it…
Blog
The “Small Business” Exemption Distortion
Many of the federal regulatory and tax laws include a “small business exemption” – politicians displaying an aversion to crippling a…
Newsletter
Bailout Power Grab, Abuse of Power in New York and Rising Sea Level Panic
White House economic advisers plan to convert government holdings in bailed out banks to common stock, increasing direct government control. New York State insurance chief…
Blog
Nationalizing the Banks? Stock Conversion May Backfire
The Obama Administration wants to convert the preferred shares the government got from banks in the bank bailout into common shares. In theory, it…
Newsletter
Hemispheric Diplomacy, Greenhouse Gases and Anti-Tax Protests
President Obama attends the Summit of the Americas with other leaders from North and South America. The Environmental Protection Agency declares greenhouse gases to be…
Newsletter
CO2, Microsoft’s Antitrust Overseers and Anti-Tax Activists
The Environmental Protection Agency prepares to release a document that could require the federal government to regulate emissions of carbon dioxide. The Justice Department extends…
Newsletter
Anti-Tax Tea Parties, College Quotas and Job-Killing Regulations
People across the nation rally to oppose high taxes and government spending in the spirit of the original Boston Tea Party. President Obama’s apparent support…
Blog
We Wouldn’t Have Teaparties If It Wasn’t For Rentseeking
Those who say we tried the free market and it failed should research the history of the Boston Tea Party a little. We didn’t even…
Newsletter
Tax Day Protests, Small Car Safety and Union Organizing
People across the country gather to protest high taxes and excessive government spending. A new crash test study finds that smaller cars are especially vulnerable…
Blog
A National Anthem for April 15
As Tea Parties brew across the land today, I’m reminded of the infamous “Tax Poem” chain email, or, spam, if you like. Set to music…
Financial Times
1,000,000 Tea Bags Find a Home
After park officials turned away Tea Party protesters' 1 million tea bags, the press conference was moved to the Competitive Enterprise Institute. We were happy…
Newsletter
Justice Ginsburg’s Inconsistency, the Continuing Pirate Threat and Tax Day Tea Parties
Justice Ruth Bader Ginsburg defends the use of foreign legal codes in deciding U.S. Supreme Court verdicts. Somali pirates renew their attacks, seizing four new…
News Release
April 15th Tax Burden Worsened by Hidden Taxes
April 15th Tax Burden Worsened by Hidden Taxes Americans Hit by Excessive Federal Regulations, Threatened by New Energy Rationing Washington, D.C., April 14,…
Blog
Broadband Stimulus Plan: Spend First, Ask Questions Later
There has been some noise in technology circles the last week over the FCC comment period or Notice of Inquiry (NOI) in regards to the…
Blog
Don’t Change Interchange
Overstock.com President Jonathan E. Johnson recently penned an op-ed that appeared in The Washington Times last week in which he argued for government regulation…
Financial Times
Deregulate to Stimulate
Few Americans are aware of the massive scope of the federal regulatory enterprise. It is hardly common knowledge that 4,004 rules from nearly 70…
Blog
Federal Budget Deficit Skyrockets; $163,000 More in Taxes
“The budget deficit increased by $192.3 billion in March, and is near $1 trillion just halfway through the budget year.” It’s going to…
Blog
Jack Dreyfus, FDA Reform Pioneer
My colleague John Berlau wrote a nice obituary of mutual fund pioneer Jack Dreyfus that was published in Investor’s Business Daily earlier this week.
Newsletter
Banning Bottled Water, Remembering Jack Dreyfus and Greenhouse Gas Legislation
Activists campaign for college campuses to ban sales of bottled water. Legendary investor Jack Dreyfus passes away at age 95. Reps. Henry Waxman (D-CA) and…
Blog
Trojan Horse “Food Safety” Law
A misguided bill, the Food Safety Modernization Act of 2009, may shut down farmer’s markets and “drive out of business local farmers and artisanal,…
Letters
Letter to Senators Dodd and Shelby, and Congressmen Frank and Bachus regarding National Regulatory Modernization
Full Document Available in PDF This letter written to Senators Dodd and Shelby, and…
Blog
Baptist-Bootlegger Alliance on Tobacco
In today’s Washington Examiner, Tim Carney has an excellent column on how the bill to place tobacco under FDA regulation would reduce competition in…
Financial Times
Government’s Mistakes Have Deepened This Recession
Steven Gjerstad and Vernon Smith suggest one unexplored aspect of our financial crisis: the role of egalitarian policies. To see this, note…
Blog
Rise of the Luddites
When it comes to things such as environmental policy, the Progressives have been rather successful at promoting their world view. They realized that it would…
Blog
A Bounty on Your 401(K)
The Obama Administration’s mortgage bailout for irresponsible borrowers (including wealthy borrowers with modest mortgage payments) provides a bounty for reckless sub-prime mortgage lenders…
Blog
That G20 Communique
Yesterday’s communiqué from the leaders of the G20 – a motley collection of democracies and dictatorships – has some good points, but in general…
Newsletter
G20 Stimulus, A Plan for Carbon Dioxide and Mark-to-Market Reforms
World leaders pledge to spend an additional $1 trillion to stimulate the global economy. Global warming activists call for policies to lower the concentration of…
Financial Times
The Five Dumbest Product Bans, 2009
Financial Times
Lawmakers told to overhaul property insurance: A coalition pushes for reform to help prevent economic disaster.
Financial Times
Legislature aims to overhaul property insurance system
Blog
The mark-to-market relief rally
The events leading to the Dow’s climbing over 8000 today can be properly called the Mark-to-Market Relief Rally. More than any expected action of the…
Blog
Markets Rally on Hopes of Regulatory Relief
The stock market has gone up by 280 points so far today, fueled by FASB’s vote to relax rigid mark-to-market accounting rules,…
News Release
Statement on the Progress of the London G20 Summit
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News Release
Statement on the Expected Vote to Relax Mark-to-Market, or “Fair Value,” Accounting Mandates
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Blog
Obama Follows in Hoover’s Footsteps
During the Great Depression, Herbert Hoover damaged the economy, and impoverished the American people, with costly, artificial attempts to stimulate the economy through…
Blog
Virginia Postrel on Her Own Brush with Cost-Effective Drug Research
One letter writer argues that Herceptin was a poor example because "Multiple cost-effectiveness analyses have shown that, despite its high cost, Herceptin is both effective…
Financial Times
The five dumbest product bans, 2009 Source: Competitive Enterprise
Blog
Verizon, AT&T See the Regulation Writing On The Wall
AT&T and Verizon are indicating that there is a chance that they will not seek funds from the broadband stimulus portion…
Blog
Capitalist-David rally versus Goliath-protests for Socialism
During the G20 summit something like 40,000 plus protesters slated to descend upon London. Of that number, there is a small but growing and…
Financial Times
Americorps Plan Will Waste Money on Ideological Causes
Despite exploding deficits, President Obama and congressional leaders are backing a $5.7 billion “national service” boondoggle. Obama’s proposed budgets, which break…
Blog
Organic Pesticides Fail EU Safety Review
Ask people who buy organic food what they like about it, and chances are, most will say "they're grown without pesticides." That's not actually true.
Blog
With or Without You
The Obama administration's ouster of GM CEO Rick Wagoner won't solve the auto giant's problems. It does, however, show the power that government now wields…
Blog
Feds Make Freddie Mac Even Worse, Ripping Off Taxpayers
After federal regulators took over failing mortgage giant Freddie Mac, they didn’t stop its risky lending practices. Instead, they ramped up its risk-taking, making it…
Blog
Utah Gov. Vetoes Bad Gaming Bill, Self-Regulation Triumphs
Last night, the first amendment, self-regulation, consumers, parents, entrepreneurs, gamers, and business won a huge victory in Utah. In early March, I posted about the…
Blog
Obama’s Policies Are “A Road to Hell,” European Leader Says
“The president of the European Union on Wednesday slammed U.S. plans to spend its way out of recession as ‘a road to hell.’…
Blog
Post-Modern Food Fetish
There’s very little that’s romantic about keeping a big backyard garden, and less still about the actual practice of producing meaningful amounts of food. But,…
Blog
$2 Trillion Tax from Obama: Hidden Costs of “Cap-and-Trade” Scheme
Obama’s proposed “cap-and-trade” carbon tax on energy use and utility bills is expected to raise up to $2 trillion, more than the $646 billion…
Blog
Toxic-Asset Buy-Up: “Pure Plunder”?
People who have actually read the fine print of the Administration’s trillion-dollar toxic asset buy-up program don’t like it. One calls it “pure plunder.”…
Blog
Toxic Asset Rip-Off
Obama is proposing that the Treasury provide loans up front and insurance against potential losses on the back end. It’s what Paul Krugman called "heads…
Blog
“Heads I win, Tails the Taxpayers Lose”: Toxic Asset Rip-Off
That’s how analysts describe the trillion-dollar toxic-asset buy-up program proposed this weekend by the Obama Administration: “the president is putting forth his idea to…
Blog
Fishing for Rationality in the Beauty Salon
Thinking of getting one of those cool new “fish pedicures”? Well, you’d better act fast. 14 states have already banned the process. But a member…
Newsletter
Obama’s Debt, Wall Street Bonuses and the Economy vs. the Environment
A new congressional report estimates that President Obama’s spending proposals will produce over $9 trillion in debt. Debate continues over the plan to tax some…
Financial Times
The Breaking up of Money-Pit Behemoths if Necessary
Blog
Postmodern Union-on-Union Fight
The Service Employees International Union (SEIU) is being denounced by a group of its own employees for doing, well, nothing wrong or illegal, but something…
News Release
Congress Considers New Mandates on Consumers, Appliances
Congress Considers New Mandates on Consumers, Appliances In Midst of Recession, Senate Seeks Costly New Product Restrictions Washington, D.C.,…
Newsletter
Turning Down Stimulus Dollars, Legal Malpractice and a “Socialist” President
A group of governors turn down federal stimulus funding for their states, citing the strings attached by Congress. The Supreme Court rules that drug maker…
Financial Times
Take the pressure off
Even before counting President Obama’s ambitious “stimulus” agenda, spending by the U.S. government – the largest on planet Earth – is now…
Cafe Hayek
Regulatory Burdens
Blog
An Explosion of Litigation
Already burdened by $8 trillion in new federal spending commitments and the likelihood of higher taxes to pay for bailouts,…
Blog
Economists Give Obama Failing Grade; New Bailouts Demanded As Obama Breaks Promises
Obama gets a failing grade from economists. “U.S. President Barack Obama and Treasury Secretary Timothy Geithner received failing grades for their efforts to…
Blog
Your Interests Are My Interests
As newspapers around the country are closing, Google's interest-based ads may be just the shot in the arm the content industry needs.
Blog
Al Gore Wants .eco Web Domain…
Since Dot Eco TLD announced that they were seeking establishment as a top level domain (TLD) at ICANN’s (Internet Corporation for…
Blog
Utah: Rated R for Ridiculous
Utah is on the verge of using it’s ‘Truth in Advertising’ bill to pass regulated enforcement of video game ratings. The bill which was in…
Blog
Stimulus Subsidizes Corruption, Waste, Racism
The $800 billion stimulus package signed by Obama not only will make the economy shrink over the long-run, it will pay $88.6 million…
Newsletter
Cybersecurity Turf War, Strongarm Union Tactics and a Beer Battle in Colorado
President Obama’s chief of cybersecurity quits, citing overbearing control by the Department of Defense’s National Security Agency. Prominent Democrats come out against changes…
Punditry by the Pint
Beer Wars
Overlawyered
What have they done with the old Rose and Crown?
Blog
Schadenfreude “Two-Fer”
The New York Times reported this week that the Peanut Corporation of America plants in Texas and Georgia that were shipping salmonella contaminated peanut products…
Overlawyered
Speak out against ‘fishing expedition’
Sir, Kudos to former ambassador Faith Whittlesey for her valid points about the Obama administration exerting “raw Goliath power” and breaching a bilateral tax agreement…
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