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: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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Citation
More than 1600 pages of regulations added to Federal Register last week, cost now $1.8 trillion per year
From Michael Bastasch’s article in The Daily Caller: Last week, 1,641 pages of regulations were added to the 2012 Federal Register, meaning it…
Blog
Federal Government: Fire Good Employees, Hire Bad Ones
The Obama administration is pressuring employers outside the financial sector to hire felons, even as its regulations force employers in the financial sector to fire "thousands…
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CEI’s Battered Business Bureau: The Week In Regulation
51 new rules and 1,641 Federal Register pages, from storing explosives to keeping fisheries accountable.
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Collective Bargaining: Mythical Right Turned Constitutional In Michigan?
Everyone knows that our Founding Fathers’ primary motive during the revolution was to preserve collective bargaining for the carriage industries. That as Washington crossed the…
Blog
Want 1990s Job Growth? Go Back To Clinton-Era Deregulation
As much as the term “Forward” was used at the Democratic National Convention this week, the speeches of Bill Clinton and, to an extent, President…
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Fact Checking Lilly Ledbetter’s False Speech At The Democratic National Convention
Former pay-discrimination plaintiff Lilly Ledbetter, in speaking at the Democratic National Convention on September 4, repeated the false claim that she learned about the…
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Regulation Of The Day 228: Peyton Manning’s Jersey
School officials forbid 8-year old Colorado boy from wearing his Peyton Manning jersey to school because of possible gang ties.
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CEI Podcast For September 27, 2012: The Future Of Generic Biotech Crops
Senior Fellow Greg Conko discusses his new paper, "Is There a Future for Generic Biotech Crops? Regulatory Reform Is Needed for a Viable Post-Patent Industry."…
Blog
CEI Podcast For September 6, 2012: Modernizing Air Traffic Control
America's air traffic control system can be charitably described as an antique. Land-use and Transportation Policy Analyst Marc Scribner describes some of the problems the…
Forbes
The Path To Job Creation Runs Through Regulatory Reform
From Ed Pozzuoli's column in Forbes: According to the Competitive Enterprise Institute’s Wayne Crews, regulation’s “hidden cost” has ballooned to $1.8 trillion on…
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CEI’s Battered Business Bureau: The Week In Regulation
74 new rules and 2,086 Federal Register pages, from migratory birds to cranberries.
Blog
Science And Technology Policy And The Democratic Convention
Now it's the Democrats' turn to gather for their convention in Charlotte and one element of the platform in common with basic Republican philosophy is…
Forbes
Congress looks at sales taxes for online purchases
From Burton Speakman’s article in Vindy: Jessica Melugin, an adjunct analyst at the Competitive Enterprise Institute, argued it would be burdensome to ask online…
Blog
Regulation Roundup
Doormats banned in Leeds, exploding sausages in Canada, plus more.
Blog
CEI Podcast For August 30, 2012: Delayed FDA Rules Should Be Scrapped
Senior Fellow Greg Conko argues that these rules should be scrapped altogether for two reasons: they will do little to improve food safety, and they…
Blog
Regulation Of The Day 227: Returning From The Moon
When Armstrong, Aldrin, and Michael Collins returned to Earth after the Apollo 11 mission, they actually filled out a customs form.
Blog
In Free Speech Victory, SEC Lifts Gag Rule On Hedge Funds And Venture Capital
Today's proposed Securities and Exchange Commission (SEC) rule lifting the outdated ban on "general solicitation" by hedge funds and venture capitalists is a victory for entrepreneurs,…
Blog
Congress Should Create A Repeal Committee
David Deerson and I look at how such a committee might work in a piece over at RealClearPolicy:…
RealClear Policy
Congress Should Create a Repeal Committee
When Congress passes a highly unpopular bill that forces people to buy products from private businesses, and then the Supreme Court upholds it, something needs…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new rules and1,687 Federal Register pages, from offshore drilling to odometers.
Blog
Regulation Roundup
A creative way to get around liquor permits, plus more.
Blog
Clinton Vs. Clinton (And Obama) On Deregulation
With little success on the economic front, President Barack Obama in 2012 is embracing much of his message on the economy from 2008. And from that playbook,…
Blog
CEI Podcast for August 23, 2012: Bailouts as Corruption
Senior Fellow Matt Patterson argues that when government is big and powerful enough to dispense favors like bailouts, special interests will flock to Washington to…
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Regulation And The Green Bay Packers
The NFL has a 53-man roster limit, but it doesn't prescribe how many linemen or quarterbacks the team must carry. That's up to the GMs.
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FDA Rules Won’t Work, Will Harm Small Farmers
The FDA recently decided to delay implementing about $1.4 billion of food safety regulations until after the November election. We think the FDA should scrap…
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Regulation And Government “Science” Cost Us More Than Dollars
Today, the Independent Women's Forum blog highlights a new NERA Economic Consulting study (produced for Manufacturers Alliance for Productivity and Innovation) on the costs…
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CEI’s Battered Business Bureau: The Week In Regulation
65 new rules, from offshore drilling to closed captioning.
Blog
Regulation Roundup
Fines for inaccurate weather forecasts, illegal chocolate egg smuggling, plus more.
Blog
West Nile Outbreak Warrants Pest Control — Pesticide Spraying Included
This year, Texas is experiencing its worst outbreak of the mosquito-transmitted West Nile virus ever. Fortunately, most people who get it won't suffer…
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Regulation And The Setting Sun
Agencies are well-equipped for passing regulations, but not for repealing them. This becomes a problem as the years march on, and dusty old rules that…
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California’s Unconstitutional Proposition 37
Writing in the Daily Caller, legal commentator Walter Olson says that California's Proposition 37 is bad policy that will only enrich opportunistic lawyers:…
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Time To Extinguish Flame Retardant Hype
Flame retardants are making headlines these days thanks to an “exposé” — more properly characterized as an unsubstantiated smear campaign — published as a…
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Equal Pay Should Be For Equal Work, Not Unequal Work
Yesterday, I criticized the assumption that people should receive equal pay for unequal work, such as requiring the average woman to be paid exactly…
Blog
When Wage Gaps Are Fair
When I and my wife first got married, she worked shorter hours than I did, and used her additional time outside the workplace for activities…
American Spectator
Needed: Judicial Activism
When it comes to the issues, it’s much harder than it should be to find substantive differences between President Obama and Mitt Romney. One potential…
Blog
Alcohol Regulation Roundup: Dog Days Edition
These days in D.C., the mercury regularly rises above the 90-degree mark right along with most of the U.S. As unpleasant as it might be…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
68 new rules, from health care to Glasflugel gliders.
Barron's
Laws Gone Wild? Drowning in Regulation
Barron's highlights Wayne Crews's study on the federal regulatory burden. According to a forthcoming report by the Competitive Enterprise Institute called Tip of…
Blog
Bureaucratic Green Chemistry
California bureaucrats recently released their proposed regulations implementing the state’s 2009-passed “green chemistry” law. The law supposedly will make life safer for California residents by…
Blog
Regulation Of The Day 226: Hot Dog Carts
Nathan Duszynski is 13 years old and lives in Holland, Michigan. His stepfather has multiple sclerosis. His mother has epilepsy. Neither is able to work.
Blog
Capitalism In Space
Over at National Review Online today, I have a piece on the current state of play in U.S. human spaceflight. It’s…
Blog
The Case For A Repeal Amendment
If you want different results, you need different rules. Allowing two-thirds majorities of the states to repeal federal laws and regulations is one rule change…
Blog
Teachers Unions Defend Institutional Incompetence
No good deed goes unpunished. Take Mayor Michael Bloomberg’s brave decision to lay off 3,600 employees -- including teachers and principals -- of 24 of New…
Forbes
The Least Sexy But Most Urgent Economic Reform Remains Ignored In The Presidential Campaign
Despite the federal government’s unabated growth, the most significant domestic policy landscape change has been shutting off the the power to the Social Security third…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
85 new regulations, from prairie dogs to corporate jets.
Blog
CEI Podcast For August 2, 2012: Cybersecurity Bill Fails
Today the Senate shot down a controversial cybersecurity bill that Associate Director of Technology Policy Studies Ryan Radia believes would have been a disaster.
Blog
The Great Hollywood Swindle
When is a market not a real market? When it trades in fake goods — products or services that could not exist if government didn’t…
Blog
EPA Attack On Asthmatics Coming To An End?
CEI warned policy makers a couple decades ago that an Environmental Protection Agency (EPA) phase out of over-the-counter sales of CFC containing asthma inhalers…
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Regulation Of The Day 225: Boobie Pillows
Kern County, California's government takes morality very seriously. Chapter 9.12.010 of the County Code states that “No vendor shall vend stuffed articles depicting the female…
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Unruly Lead Paint Rule
The U.S. House of Representatives Committee on Oversight and Government Reform recently released an interesting report on regulatory impediments to job creation. Among 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