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
Blog
Labor’s Loss: Secret Ballot Protection Advances In Virginia
This week Virginia Gov. Bob McDonnell struck a little heralded — but much needed — blow for privacy rights in the Old Dominion by signing two…
Blog
Response To Drescher On Cancer And Chemicals
Last week, Fran Drescher responded to my Huffington Post article on cancer trends, and today I posted a reply on the…
Blog
Administration Notifies Congress That Trade Talks With EU Will Begin
Earlier today, the Office of the U.S. Trade Representative sent a notice to Congress that the Obama administration would begin negotiating a trade partnership…
Blog
Bipartisan Dodd-Frank Derivatives Deregulation Advances In House — And Main Street Cheers
This afternoon, members of the House Agriculture Committee with strikingly different views on many issues came together to provide much need regulatory relief from the…
Blog
Obamacare Harms Colleges And Their Employees
The University of Virginia is expecting a roughly $7-million bill for Obamacare's new employer penalties, said Susan Carkeek, the University's vice president and…
Blog
What Cyprus (Initially) Got Right — Remembering The 2008 WaMu Capital “Run”
There's no shortage of criticism of the Cyprus "bail-in" -- the one-time tax the government had proposed levying on insured and uninsured depositors to rescue…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from financial management courses to de-icing planes.
Blog
Dallas Fed’s Fisher And CPAC’s Fishy Too-Big-To-Fail Event
If the Conservative Political Action Conference’s (CPAC) organizers wanted a speaker or panel on the causes of the financial crisis and what to do about…
Blog
Lobbying Can Be A Great Investment
Not only did health insurers convince the government to require everyone in the country to buy their products, now their premiums will go up sharply,…
Blog
A Balanced Budget Isn’t The Primary Goal
Over at the Daily Caller, Wayne Crews and I take a look at Rep. Paul Ryan's proposed budget, the Path to Prosperity. While it would…
Forbes
Bee-ing Smart: Regulators Must Distinguish Activists’ Bad Dreams From Actual Evidence
Important technologies commonly face opposition from various quarters – often from vested interests, societal Chicken Littles or overly precautionary regulators. Examples include vaccination, fluoridation of…
Blog
Will Regulators Fail To Learn From The Past Mistakes Of U.S. Railroad Regulation?
The history of U.S. railroads provides an interesting case study on federal regulation. They were the first sector of the economy to come under heavy…
Blog
Should Agencies Be Self-Funded?
If an agency is doing a poor job pursuing its mission, it needs to be held accountable; there is a reason Congress holds the power…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
69 new regulations, from grading almonds to lost luggage.
Blog
Sequester Show May Not Have Jumped The Shark, But Its Format Has Changed
Are you watching the Sequester Show? In today's Wall Street Jorunal, my friend Kim Strassel says the sequester drama has "jumped the shark," a phrase used when…
Blog
Lessons On Regulatory Reform: The United Kingdom
In 2001, the United Kingdom passed the “Regulatory Reform Act” which allowed a government minister (similar to the head of a government agency in…
Blog
Washington Examiner: “Congress: Obamacare To Boost Premiums To $7,186 — A Year”
Paul Bedard of the Washington Examiner reports on massive premium increases due to Obamacare: Health insurance companies, facing new and costly rules and…
Blog
Obama’s Immigration Bill Forces Employers To Pay Illegal Immigrants
Nothing in this headline is a typo or an exaggeration. President Obama’s recently-leaked Comprehensive Immigration Reform Act of 2013 would require employers to employ…
Blog
Costco CEO Favors Minimum Wage Hike
An overlooked argument in the minimum wage debate is that a high minimum wage gives big businesses an artificial competitive advantage over their smaller competitors.
Blog
Making The FCC More Transparent
If there's one thing the regulatory state could use more of, it's transparency. In today's ?Washington Times?, I shine a little light on the FCC:…
Washington Times
Who Regulates the Regulators?
In Beltway terms, the Federal Communications Commission’s $350 million budget request for 2013 is practically a rounding error. Yet it costs the American people a…
Blog
Lessons On Regulatory Reform: Texas
Overview of Regulatory Reform in Texas In 1977, the Texas legislature passed the Texas Sunset Act which would forever improve state government.
Blog
Austerity Is Worth The Cost
In a January National Review article, I explained how Baltic countries such as Estonia that had undertaken short-lived but severe cuts to government spending…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
74 new regulations, from the Citrus Administrative Committee to pecan insurance.
Blog
Alcohol Regulation Roundup: March 1, 2013
National: The Department of Justice (DOJ) filed a lawsuit to block Anheuser-Busch Inbev from taking full control over Negro Modelo. A few weeks later…
Blog
E-Verify: Opening The Door For More Regulations
President Obama and the Gang of Eight senators want E-Verify -- the electronic employment verification system -- included in any comprehensive immigration reform proposal this…
Blog
Progressives Should Be Wary Of A Minimum Wage Increase
Over at the American Spectator, I argue that progressives should look elsewhere for ways to help the poor:…
The American Spectator
At Minimum, a Big Loser
President Obama brought the minimum wage debate back into the news in a big way in his State of the Union address, when he proposed…
News Release
REINS Act Introduced in Senate
Washington, D.C., February 28, 2013 — This week, Sen. Rand Paul introduced the Senate version of the Regulations from the Executive in Need of…
Townhall
Government Spending Hurts People
Every day Americans from all walks of life deal with petty tyrannies and worse from federal bureaucrats. And the economic costs of complying with all…
Townhall
Report finds that EPA & FCC regulations are costing Americans big time
Between the EPA and the FCC, government regulations are costing Americans close to the tune of $495 billion, according to a new report from the…
Blog
Why The Sequester Budget Cuts Are Good
As we noted earlier, the automatic budget cuts contained in the sequester will help the economy in the long run, even if they are…
Blog
Europe’s Latest Wake-Up Call: Italian Elections
Europe, which has been enjoying a recent respite from financial chaos, is about to get a rude awakening: Italian elections. Voters will go to the…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
53 new regulations, from the mental states of federal employees to giving rides to sick or injured people.
Townhall
Obama Issued $216 Billion in New Regulations in 2012
One solution to this problem comes from the Competitive Enterprise Institute, a “free-market” conservative think tank in Washington, D.C. CEI has…
Blog
Regulatory Report Card: Federal Communications Commission
Regulatory agencies need to be much more transparent. One way to do that is through an annual report card with important information about each agency…
Study
Regulatory Report Card: FCC
Full Document Available in PDF It may come as a surprise that the Federal Communications Commission (FCC) is the third most expensive…
News Release
FCC Is Third Most Expensive Agency of Federal Government
WASHINGTON, D.C., February 21, 2013 – Somewhat surprisingly, the Federal Communications Commission (FCC) is the third most expensive agency when it comes to the costs…
Blog
Setting The Stage For Regulatory Reform — Part I
Just about everything in your life is regulated by the government; from the alarm clock that wakes you up in the morning to the size…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
90 new regulations, from hot air balloons to Sea World’s fireworks shows.
Forbes
Obama’s SOTU: A Campaign Speech That Erodes The Power Of The Citizenry
Every year legislators and bureaucrats disgorge new laws and regulations which discourage job creation. Clyde Wayne Crews of the Competitive Enterprise Institute has pointed to…
Blog
CEI Podcast For February 14, 2013: Dodd-Frank’s Constitutionality
CEI General Counsel Sam Kazman discusses a lawsuit in which CEI and two co-plaintiffs argue that portions of Dodd-Frank are unconstitutional.
Blog
An Unconstitutional Gift To Labor Unions
In the aftermath of Hurricane Sandy, the New Jersey Senate has only passed one bill associated with rebuilding storm-damaged public infrastructure. Sadly, if passed, the…
Blog
Obama Renews Call For Paycheck Fairness Act
In his State of the Union address last night, President Obama renewed his call for passage of the Paycheck Fairness Act, which would make it…
Blog
Payback? Government Targets S&P And Egan-Jones, Not Moody’s Or Fitch
Why not Moody's? Why not Fitch? Of all the questions raised about the U.S. government's strange case against Standard & Poor's—a lawsuit that actually asserts that…
Blog
Immigration Reform’s Economic Benefits
Comprehensive immigration reform is coming. For those that don’t speak D.C. doublespeak, that means more costly, useless, and privacy-invading border drones, more guards…
Blog
State Of The Union? Try “Over-Regulated”
In his 2013 State of the Union address, President Barack Obama cannot be expected to pledge to roll back government in any manner whatsoever, a…
Blog
Sequester Budget Cuts Would Increase Long-Term Economic Growth
The automatic budget cuts contained in the sequester will increase economic growth in the long-term, if Congress will just let them happen—rather than listening to…
Blog
State Of The Union Live Blog 2013
Welcome to the Competitive Enterprise Institute’s live blog of President Barack Obama’s 2013 State of the Union address. Tune in here on Tuesday night at…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
61 new regulations, from your doctor’s stock portfolio to growing wine in Indiana.
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