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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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News Release
CEI and Sugar Reform Alliance Urge Congress to Begin Reforming U.S. Sugar Regime
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., May 16, 2006— Consumer, taxpayer, humanitarian and public policy groups sent a letter today,…
News Release
CEI To Launch National Global Warming Ad Campaign
Contact: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252 [email protected] Washington,…
Op-Eds
Volatile Gases
The European emissions trading scheme (ETS) was launched with great fanfare last year. The idea was to require certain energy-intensive industries to have a…
Op-Eds
Harper Falls into the UNESCO Trap
Budgets and softwood lumber deals aren't Prime Minister Stephen Harper's only significant initiatives. On Friday, he followed through on an unfortunate promise he…
Op-Eds
The war hero vs. the bureaucrats
Pity poor Eddie Rickenbacker. His life so closely resembled the clichéd “American Dream,” that you can't blame him for buying into American mythology.
Products
New Era, or ‘Ancien Régime,’ for European Biotech?
The long-awaited World Trade Organization (WTO) decision on biotech food is due to be released this spring, but a leaked copy of the…
Products
Time to End Big Sugar’s Sweet Deal
Sugar is already shaping up to be a contentious issue in upcoming debates on the 2007 omnibus farm bill. The call for dismantling…
Products
Accountability, Power, and Our CAP Project
Violations of the Constitution come in all shapes and sizes. Many of you may be familiar with the Tobacco Master Settlement Agreement (MSA), which CEI…
Products
Animal Rights, Human Wrongs
Animal rights extremists—whom the FBI has labeled America’s biggest domestic terrorism threat—have encountered a number of serious reverses recently. These reverses are a great victory…
Products
CEI Planet: March – April 2006
Full Document Available in PDF New Era, or ‘Ancien Régime,’…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL State attorneys general ask the Supreme Court to step into a dispute over the states’ 1998…
Op-Eds
Corporate McSocial Responsibility
Fast-food gadfly Eric Schlosser has a new book out. Chew On This: Everything You Don’t Want to Know About Fast Food is Fast…
Letters
70% of Americans Say They Don’t Want the Government to Prepare Taxes for Them
Full Document Available in PDF Reps. Melissa Hart and Anna Eshoo have introduced H.R. 5114, the Tax Return Choice Act of 2006,…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. BUSINESS…
Study
Greening a Homeland Bureaucracy: Chemical Plant Security Issue Hijacked by Green Activists
Full Document Available in PDF Nearly…
News Release
‘Deadly Overcaution’ Biggest Danger to Public Health, Despite New Study on FDA
Contact:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252 Washington, D.C.,…
Op-Eds
Ex-Im: Boeing’s Bank Once More
The Export-Import Bank (Ex-Im), a federal agency that subsidizes U.S. exports primarily through loan guarantees, dedicated a majority of its guarantee dollars again…
Op-Eds
Sunset the FCC
Reforming telecommunications law is a favored subject in the halls of Congress this year. Hot issues include streamlining video franchising and addressing the "net…
Study
Antitrust Skeptic’s Bibliography
For more than two decades, the willingness of policy makers to rethink the presumption that economic regulation automatically benefits consumers has driven the deregulation of…
Study
Tom Smith and His Incredible Bread Machine
In the 108 years since the passage of the Sherman Act, there has probably never been a clearer and more concise statement of the…
Op-Eds
New fuel standards unnecessary
Once again, the government has issued what it claims is a “win-win” fuel economy mandate— yes, it will raise the prices of new SUVs and…
Study
The U.N.’s Strategic Approach to International Chemicals Management Program
Full Document Available in PDF In February 2006, at…
News Release
Ruling on Tobacco Settlement Payments Expected
Contact: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Christine Hall, 202.331.2258 Jody Clarke, 202.331.2252…
Op-Eds
Congress’ Silk Purse
During the Capitol Hill budget debates, many spectators must have found the use of the term “earmarking” somewhat strange. What does it have…
Op-Eds
Reform the Reformers
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> On the Saturday Show (Jan. 21), NPR commentator John Ydstie, in a…
Op-Eds
New Drug Demagoguery
“New Drugs Hit the Market, but Promised Trials Go Undone” and “FDA: Drug Companies Drop Ball on Studies,” the headlines blared.
Products
How Sarbanes-Oxley Hinders Technology Transfer
I grew up here in Kansas City, on the Kansas side, Johnson County. Ewing Kaufman left the Kaufman Foundation as his legacy, along with many…
Op-Eds
Speaking in Tongues
In Monty Python’s classic "Hungarian Phrasebook" sketch, a Hungarian tourist walks into a British tobacconist’s shop, and, consulting a faulty phrasebook, tells…
News Release
Senate Should Vote for Affordable Energy
Contact: Richard Morrison, 202-331-2273 Washington, D.C., March 16, 2006—As the U.S. Senate considers an important budget resolution, the Competitive Enterprise Institute urges…
Op-Eds
Sarbanes-Oxley Accounting Board: An Agency Without Accountability
In 2001, the energy giant Enron unexpectedly filed for bankruptcy, laying off 4,000 of its employees and consuming the life savings of thousands more. In…
News Release
CEI Praises Nancy Pelosi, Others For Recognizing Sarbanes-Oxley’s Burden
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., March 8, 2005—The Competitive Enterprise Institute applauds the House Democrats’ Innovation Agenda…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SAFETY Congress considers legislation to standardize food labeling and safety warnings. CEI Expert…
Op-Eds
U.S. tech: Get to China
We once scorned the idea the Internet could be censored. Many politicians have tried to stop porn, but always to no avail. Spam still…
Letters
ESA Coalition Letter to Senator James M. Inhofe
Full Document Available in PDF…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SUPREME COURT The nation’s highest court hears a constitutional challenge to the Clean Water…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNET Congress investigates the business operations of Google and other U.S. Internet companies in China.
News Release
Will Congress Open the Market for Online Television?
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 15, 2006—The future of video content online could begin today in the Senate…
News Release
Free Enterprise Fund and Competitive Enterprise Institute to Announce Constitutional Legal Challenge to Sarbanes-Oxley
WHAT: Sarbanes-Oxley was rushed into law in 2002 with good intentions following unprecedented corporate scandals. Yet, elements of Sarbanes-Oxley now serve as classic examples…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL & CONSTITUTIONAL Finance company BB&T announces that it will refuse loans to developers attempting to…
Study
MSA Opposition Brief
Full Document Available in PDF…
Op-Eds
CEOs Should Mind Their Own Business
President Coolidge once said the business of America is business. He might have added that the business of business is to pursue profits,…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. FINANCE Government agencies target mortgage brokers for alleged “predatory lending” practices CEI Expert Available for…
Op-Eds
Caveat Emptor: No, Really
One of the oldest maxims in commerce is caveat emptor: let the buyer beware. Sadly, this is often interpreted as a condemnation of businessmen, a…
Op-Eds
Good Drugs, Bad Rap
These are turbulent times for the pharmaceutical industry and for its regulator, the FDA. Lately, both have focused increasingly on issues of safety.
Op-Eds
The Long REACH of the EU
The European Union's Council of Ministers is expected to vote soon on the proposed chemicals regulation called REACH, an acronym for Registration, Evaluation, and…
Op-Eds
Who Is Watching the Watchdog?
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Today in the D.C. Circuit Court of Appeals, outspoken hedge fund manager…
News Release
SEC Changes Policy to Combat Potential Bird Flu Epidemic
Washington, D.C., December 6, 2005—In a move that could save thousands of lives, the U.S. Securities and Exchange Commission has cleared the red tape of…
News Release
Misspending, Abuses Marks Tobacco Settlement Anniversary
Christine Hall, 202.331.2258 Washington, D.C., November 28, 2005—Seven years ago this month, the states signed the biggest settlement deal in history with major tobacco…
News Release
Sen. Hillary Clinton Pushes for Faster FDA Approvals?
Contact: Jody Clarke, 202.331.2252 Washington, D.C., November 18, 2005—On her trip to Israel this week, Senator Hillary Clinton (D-NY) took part in a photo-op…
News Release
Supreme Court Nominee Alito Good News
Washington, D.C., October 31, 2005—The President's nomination of Third Circuit Judge Sam Alito to serve on the Supreme Court is good news.<?xml:namespace prefix…
Ideas in Action
LordD have MerCIe Vpon Vs
In some places in London, you can find scratched on old walls the imprecation, LorD haVe MerCIe Vpon Vs. The curious arrangement of the capital…
Products
CEI Planet: September – October 2005
Full Document Available in PDF No Regulation Without Representation…
Products
Batman’s Lessons
Given the enormous amounts of money advocates of bigger government throw about these days, many market liberals long to find our own “George Soros.”…
Products
No Regulation Without Representation
The exact cost of the federal regulatory state may never be fully known. As with taxes, firms generally pass along to consumers some of their…
Products
Testimony to the Subcommittee on Regulatory Affairs of the House Government Reform Committee, July 27, 2005
Chairwoman [Candice] Miller [R-Mich]. Ranking Member [Stephen] Lynch [D-Mass] and Members of the Subcommittee, thank you inviting me to comment on congressional regulatory reform initiatives. …
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HURRICANE KATRINA Speaker of the House Dennis Hastert suggests that New Orleans should not be rebuilt.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. FINANCE Rep. Michael Oxley, co-sponsor of the Sarbanes-Oxley corporate accounting law, expresses concerns about its impact.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TELECOM Congress prepares to consider a sweeping reform of telecommunications law. CEI Expert Available to…
Op-Eds
Reform FCC—Limit It!
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />U.S. communications policy is at an important inflection point. Cable, telephone and wireless companies aim to…
News Release
Moment of Truth Approaches for Free Trade
Contact for Interviews: Richard Morrison, 202.331.2273<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> …
News Release
A New Hope for Free Markets in Telecom
Contact: Richard Morrison, 202.331.2273 Washington, D.C., July 27, 2005—Sen. John Ensign (R-NV) this morning announced wide-ranging legislation that would modernize U.S. telecommunications law…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TELECOM Senator John Ensign (R-NV) introduces major new legislation aimed at overhauling telecommunications law. CEI…
News Release
Final Energy Bill: Too Much Pork, Not Enough Energy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., July 26, 2005—More…
News Release
CEI Policy Analyst to Argue for Regulatory Reform
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = v ns = “urn:schemas-microsoft-com:vml” /> Contact: …
News Release
SEC Cox Hearings Highlight Sarbanes-Oxley Burdens
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 Christine Hall, 202.331.2258…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY House and Senate conference committee members reach agreement on major energy legislation.
Op-Eds
Bureaucrats Can’t Run A Railroad
Given its recent troubles, Amtrak's flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and acknowledged that…
Op-Eds
Bureaucrats Can’t Run A Railroad
Given its recent troubles, Amtrak's flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and acknowledged that…
Op-Eds
All Cost, No Benefit
Tomorrow, the Senate Energy and Natural Resources Committee will hold a hearing on Sen. Jeff Bingaman's (D-N.M.) Climate and Economy Insurance Act. Originally…
Study
Boeing vs. Airbus
Full Document Available in PDF The United States and the European Union (EU) may be on…
Newsletter
The Competitive Enterprise Institute Daily Update
1. REGULATION Washington Post columnist Cindy Skrzycki cites CEI’s most recent regulatory study, Ten Thousand Commandments. CEI Expert Available to Comment:…
Op-Eds
One-on-One with Barun Mitra
Full interview available in pdf format<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” E: You were recent awarded the Julian L. Simon Award by…
Ideas in Action
The Regulators
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The House and Senate Judiciary Committees debate whether or not to reauthorize…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL DEVELOPMENT The G8 nations propose a new aid package for Africa. CEI Expert Available…
Newsletter
The Competitive Enterprise Institute Daily Update
1. TECHNOLOGY In the wake of the US Supreme Court decision that P2P firm Grokster could be held liable for aiding digital piracy,…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL DEVELOPMENT Politicians and economic experts from around the world gather in Scotland this week for…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY The recording industry launches another round of lawsuits against users of peer-to-peer file…
Op-Eds
Kernals of Truth, by Henry Miller
The world is going corn-crazy and maize-mad . . . again. Five years ago, there was near-hysteria over “contamination” of yellow corn and…
Products
A Toast to the Supremes
Full Document Available in PDF Cheers to the Supreme Court for its…
Products
Markets, not Mandates, Can Best Protect Copyrights
Full Document Available in PDF With the Supreme Court…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY New research indicates that global oil production is not likely to peak anytime soon.
Washington Post
The Road to Riches is Called K Street
The Washington post discusses the number of federal regulations with Wayne Crews. In addition, President Bush has signed into law five major tax-cut…
Op-Eds
Privatize Amtrak the Right Way, Avoiding Pitfalls of British Experience, by Iain Murray
WASHINGTON – Given its recent troubles, Amtrak’s flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TRANSPORTATION Communities in states such as Michigan, Florida, Texas and…
Atlanta Journal-Constitution
Abolish Federal Pension Guarantee
Just as the squeaky wheel gets the grease, a government program gets Congress’ attention by going deep in the red. And the Pension Benefit Guaranty…
Newsletter
The Competitive Enterprise Institute Daily Dispatch
Issues in the News 1. TECHNOLOGY Microsoft and the EU Competition Commission have apparently reached an agreement over the Commission’s 2004…
Newsletter
The Competitive Enterprise Institute Daily Update
1. PRIVACY United Parcel Service loses computer tapes containing financial records for 3.9 million Citigroup Inc. customers. From CEI: Vice President…
Study
The Revolution Spins toward More Regulation
Full document available in pdf format. …
Op-Eds
Greens Are the Real Energy Problem, by Steven J. Milloy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> It goes without saying that the global economy depends on the availability of…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ANTITRUST Microsoft submits its final proposal for complying with the latest order by the…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The Senate Select Committee on Intelligence begins debate over whether to renew…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ECONOMIC LIBERTY The union campaign against Wal-Mart expands in the Washington,…
Op-Eds
The Problem with the Voice over IP 911 Mandate
“Today the FCC adopted a rule requiring VoIP providers to provide emergency 911 calling services and they will have only 120…
Op-Eds
If Wishes Were Horses, This Would Be the Kentucky Derby
GENEVA, Switzerland—The 58th World Health Assembly (the World Health Organization's policy-making body) under way here brings to mind the cliché about the contestants…
Op-Eds
Air Sickness: Who’s to Blame? (Part 1)
Full document available in pdf format Business travelers, family visitors, tourists—all are affected by the airline industry’s woes. But who knows what…
Study
Green Building Standards: Why Mandating a Good Idea can be Bad Policy
Full Document Available in PDF “Every hitter likes fastballs, just like everybody likes ice cream. But…
News Release
CEI’s Dinner Photos
Click here to view photos.
News Release
PhRMA President Billy Tauzin To Keynote CEI Annual Dinner
Washington, D.C., May 9, 2005—In his first address to a non-healthcare industry audience since taking the top drug industry post in January, Pharmaceutical Research and…
Op-Eds
Time to End the Breast Implant Circus
Two weeks ago, the U.S. Food and Drug Administration convened an expert advisory panel to review and make recommendations on two silicone breast implants…
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