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
No More Regulation Without Representation
Over at the American Spectator, Wayne Crews and I show just how bad the problem of regulation without representation is by using Wayne's handy Anti-Democracy…
The American Spectator
The Anti-Democracy Index
The United States Constitution gives “all legislative powers herein granted” to Congress. Neither the judicial nor the executive branch has the power to make laws,…
Blog
National ID Proponents’ Bad Arguments
America’s new national identification system is coming. President Obama and a bipartisan group of senators want to enact a national identification card that would…
Blog
Obamacare: More Cost, Less Coverage
Seven million fewer people than predicted will have health care coverage a decade after Obamacare’s passage, admits the Congressional Budget Office. One reason “is that…
Washington Examiner
Letter to the Editor: Sequestration Cuts Will Increase Long-Term Growth
Re: "Drop in GDP a preview for area," Jan. 31 This article falsely claims that the U.S. economy shrank in the last quarter of 2012…
Blog
The Cost Of Enforcing Government Regulation
Regulatory cost estimates of around $1.8 trillion encompass compliance costs paid by the public plus economic drag. But but those estimates do not include the…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
70 new regulations, from airplane bathrooms to advertising seized property.
Blog
The New National Identification System Is Coming
“Maybe we should just brand all the babies.” With this joke, Ronald Reagan swatted down a national identification card -- or an enhanced Social Security…
Blog
CEI Podcast For January 31, 2013: The Recess Appointments That Weren’t
Federal judges recently struck down four recess appointments to the National Labor Relations Board, claiming the Senate was in pro forma session when President Obama…
Blog
The Coming Regulatory Recession?
Yesterday, the Bureau of Economic Analysis of the U.S. Department of Commerce reported the stunning news the U.S. economy actually contracted by 0.1 percent…
Washington Examiner
Inside the Beltway: Alarmed by the Feds
It could be raining regulations soon, should the wishes of Rep. Henry A. Waxman of California and Sen. Sheldon Whitehouse of Rhode Island come true.
Washington Examiner
Inside the Beltway: Alarmed by the Feds
It could be raining regulations soon, should the wishes of Rep. Henry A. Waxman of California and Sen. Sheldon Whitehouse of Rhode Island come true.
Blog
“Right-To-Work” Train Rolls On: Next Stop, Pennsylvania?
The earthquake that was Michigan's right-to-work law has produced a number of interesting aftershocks, not least of which is the right-to-work rumbling in Pennsylvania where…
Washington Examiner
Out of Control: 47 New Regulations for Every New Law
According to a new Competitive Enterprise Institute study provided to Secrets, agency bureaucrats have finalized 47 times more new rules…
Blog
LaHood Out At DOT, But Is There Hope For A Qualified Transportation Secretary?
After months of confusing double-talk on whether or not he would stay on in a second Obama term, Secretary of Transportation Ray LaHood announced he…
Blog
The Anti-Democracy Index
In compiling Ten Thousand Commandments over the years (alas, February 8 is going to mark 20 years of this project) it…
Blog
How Much Does Federal Paperwork And Tax Compliance Cost?
Regulations notwithstanding, the off-budget costs of tax compliance for individuals and businesses are said to account for most of the federal paperwork burden, although there…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
56 new regulations, from medical records to crop insurance.
Blog
Obama Administration Thumbs Nose At Court Ruling On Separation Of Powers
Thumbing its nose at the federal courts, which ruled today President Obama's appointments to the National Labor Relations Board last year were not…
Blog
Alcohol Regulation Roundup: January 25, 2013
National: According to the Brewers Association, the trade group that represents smaller craft breweries, the Small BREW Act will be reintroduced in Congress in…
Blog
CEI Podcast For January 24, 2013: Gov. McDonnell’s Transportation Plan
Virginia Governor Bob McDonnell recently released a headline-grabbing plan for the state's transportation funding that would abolish the state's gasoline tax and raise other taxes…
Blog
SEC’s White May Be All Right, But Cordray’s CFPB Still A Constitutional Catastrophe
Today, President Obama will send to the Senate two nominations for two key financial regulatory posts. Noting that both of the nominees subject to Senate…
Blog
REINS Act Introduced In The House
CEI has been pushing a common-sense regulatory reform idea for years: Congress should vote on all regulations with an annual cost of $100 million or…
Blog
Economic Freedom Declines Again; Government Control Is Bad For Your Health
Economic freedom has declined under the Obama administration, and America's rank has repeatedly fallen on the Index of Economic Freedom and other rankings issued…
News Release
REINS Act Introduced in House
Washington, D.C., January 24, 2013—This week, Rep. Todd Young (IN-9) introduced the Regulations from the Executive In Need of Scrutiny (REINS) Act with 121…
Blog
Greens Complain About BPA-Free Products They Helped Spur
Anti-chemical environmental activists rarely consider the consequences of their policies. They demonize chemicals that have been used safely for decades and advance chemical bans…
Blog
Walker, Wisconsin Ranger (Strikes Again)
It’s almost too beautiful to believe. In this era of ever-expanding government power, of rising and risible rapacity in the federal Leviathan, can it really…
Blog
New Jersey State Senate Pushes Union Giveaway in Project Labor Agreement Bill
The extent and huge costs of the damage from Hurricane Sandy to New Jersey should make rebuilding the worst affected areas…
Blog
Obamacare Increases Unnecessary Medical Tests, Wastes Doctors’ Time, Drives Up Billings And Costs
President Obama claimed Obamacare would cut healthcare costs, but it actually increased them in many ways, some of which are chronicled here. Here are yet…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
54 new regulations, from microwave ovens to roof trusses.
Blog
TSA’s Body Scanner Shuffle Continues, Agency Still Flouts The Law On Body Scanners
A great deal of news coverage today has been given to the Transportation Security Administration’s (TSA) decision to remove backscatter X-ray strip-search machines from U.S.
Blog
Federal Regulation Update: 224 Economically Significant Rules In The Pipeline
The federal government's Fall Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions finally appeared the Friday before Christmas (the Spring 2012…
Blog
Where Did All The Environmental Protection Agency Rules Go?
The Unified Agenda of Federal Regulations has always been squishy and has never bound agencies to issue solely the rules contained within; but the decline…
Blog
Washington’s Liquor Privatization Did Increase Prices, But Also Selection And Availability
Since selling off the state-owned liquor monopoly, many Washington State residents have noticed an unfortunate development; despite what proponents of privatization promised, the cost of…
Washington Examiner
Obama Issued $216 Billion in New Regulations in 2012, Showing the Need For Reform
Even though these regulations may seem harmless, the costs add up. Something needs to be done about excess regulations so that the worker can take…
Blog
Obamacare Imposes New Fees, Cost Increases On The Public
Obamacare was sold to the public based on the fallacy that it would cut healthcare costs, but each month brings additional evidence that it…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
52 new regulations, from nematodes to tiltorotors.
Washington Examiner
To fix government, reform its agencies
Another way would be legislation to have all laws/rules of executive agencies be subject to economic impact studies which would show the dollar amount and…
Statesman
Senators, protect us from the EPA
According Wayne Crews of the Competitive Enterprise Institute, President Obama issued 953 “major regulations” (meaning regulations with a cost of $100 million or more, or…
Blog
Qualified Mortgage Rule Is One Of Many Dodd-Frank Boots To Drop
The first thing that should be said about today's "qualified mortgage" rule is that it is just one of many new regulations the Consumer Financial…
Blog
How About Some Intellectual Diversity At The Labor Department?
As the cabinet turns: Hilda Solis announced this week that she will soon be stepping down from her post as secretary of labor. Solis, a…
Blog
Alcohol Regulation Roundup: New Year Edition 2013
With a new year comes a new opportunity to take stock in our past endeavors and renew our goals for the future. While many a…
Blog
Feds Say Hybrid Electric Vehicles Too Quiet, Noisemakers Should Be Mandated
Green paternalists often gush about the great potential for hybrid electric automobiles to reduce negative externalities, or social costs, such as local air pollution and…
Blog
Basel III Cliff May Be Averted, But Dangers Still Loom For Main Street Banks
After numerous criticisms from U.S. community banks and lawmakers of both parties, the international committee in charge of the Basel III bank capital agreement…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
28 new regulations, from the United Soybean Board to synthetic drugs.
Forbes
Federal Regulation: The Costs of Benefits
The premise that national top-down regulation of the economy brings substantial net benefits dominates public policy. But forget the philosophical debate over laissez-faire vs. the…
Blog
Update On D.C.’s Driverless Car Legalization Legislation
In November, I noted in The Washington Post and here on Open Market that a bill introduced in the D.C. Council contained two dangerously flawed provisions and…
Blog
Settlement: FTC Ends Google Antitrust Investigation
Today, the Federal Trade Commission (FTC) cleared Google of accusations of "Search Bias," and inappropriately harming rivals. The investigation lasted nearly…
Blog
CEI Podcast For January 3, 2013: The Fiscal Cliff Meets The Costberg
Congress made an unsatisfying compromise deal this week to avoid falling off the fiscal cliff. But Vice President for policy Wayne Crews thinks this is…
Blog
New Year, New Laws
More than 400 new laws came into effect today.
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