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: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Blog
The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
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The American Spectator
Washington’s Ten Thousand Commandments
Deficits, taxes, and spending are the defining issues of the 2012 campaign. Regulation deserves a seat at the table, too. The federal government spent $3.6…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
58 new rules despite the short work week, covering everything from dishwashers to Maine lobsters.
Blog
Maryland Gov. O’Malley Grants Big Labor Protections from Disclosure
In Maryland, labor unions join the protected ranks of doctors and lawyers with respect to confidentiality privileges. In early May, Maryland Governor Martin O’Malley signed…
Blog
New York City Mayor Michael “Nanny” Bloomberg Wants To Ban Super-Sized Soda
The infamous mayor, known for instituting paternalistic food policies, like banning trans fats and Four Loko, limiting salt, regulating calories, is at it again.
Blog
CEI Podcast for May 31, 2012: Ten Thousand Commandments
Congress passed 81 bills last year, while agencies passed 3,807 regulations. This, according to Vice President for Policy Wayne Crews, is regulation without representation.
Blog
Paycheck Fairness Act Contains Unfair Provisions, Would Result in Equal Pay for Unequal Work
“Senate Majority Leader Harry Reid, D-Nev., scheduled a vote on the Paycheck Fairness Act when the Senate returns from its week-long recess,” reports Susan…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
95 new final rules published last week, covering everything from crocodiles to the definition of "unblockable drain."…
Oil & Gas Journal
US Regulatory Costs Amplify Pressure of the Mammoth Deficit
From Bob Tippee's column in The Oil & Gas Journal: An annual report published by the Competitive Enterprise Institute estimates the cost of…
Blog
CEI Podcast for May 24, 2012: Driverless Cars
A prototype driverless car made by Google recently made the rounds in Washington, DC, and Land-use and Transportation Policy Analyst Marc Scribner got to take…
Blog
Senate Vote Today on FDA, Supplements, and Energy Drinks
Today, the Senate will vote to reauthorize and modify the Food and Drug Administration’s (FDA) prescription drug and medical device user-fee program (…
Blog
MWAA: A Government-Authorized Fiefdom
Should Congress’s power extend to creating taxpayer-funded government entities that are free from state and federal laws concerning ethics, transparency, and disclosure? No, but it…
Blog
Is the Obama Administration Anti-Business?
If President Obama has found it hard in responding to critics who accuse him of being “anti-business,” he really only has his own administration’s policies…
Blog
Facebook’s Fall and the Post-Sarbanes-Oxley “Cheers IPOs”
How Over-Regulation is Robbing Investors of Wealth from Smaller IPOs When I wrote pieces here and at the Daily Caller late last week injecting a…
Blog
H.R. 1909 — Unfinished Free-Market Business to Lift Barriers to Lending
They said it couldn't be done. That Congress couldn't pass a bipartisan bill in an election year to help the economy. Particularly one that lessens…
Blog
Techno-Phobic California Politicians “NHTSA” Google’s Driverless Car
Last week, I wrote about Google’s amazing new self-driving car, which CEI General Counsel Sam Kazman and I had the opportunity to test-ride in…
Blog
Congress Must End Taxpayers Vulnerability to Government Waste
Fraud and abuse continue to be a barrier to effective government. According to the Cato Institute’s 2009 report, fraud or improper payments in government…
Blog
Regulating Obama’s Regulators — And Those of Future Presidents
This month, President Obama released a new Executive Order building upon and making permanent the quest for regulatory savings in his…
Blog
A Fit of Sanity on ITAR
Over at Space Politics, Jeff Foust reports that the House has passed a bill allowing the administration to remove satellites from…
Hawaii Reporter
Grassroot Perspective: Regulators Run Wild, the West Side’s Story, and More
From Malia Hill's column in The Hawaii Reporter: Credit must be given to whoever thought up the title for the new report on…
Blog
Facebook, Overregulation, and the “Cheers IPOs”: Unshackling the Next Facebook and Its Investors
Whether or not a retail investor buys shares of Facebook when it finally goes public tomorrow -- and OpenMarket provides public policy, rather than investment,…
Hawaii Reporter
Horses In the Dining Room?
From Rep. Jason Chaffetz’ op-ed in The Daily Herald: Some 1.65 million lawsuits are filed each year over enforcement of federal regulations…
Bloomberg
Light Bulb Battle Pits Tea Party Against Manufacturers
From Ari Natter's article in Bloomberg: “I think that many people feel it is a personal intrusion into their lives by government,” said…
Blog
Ten Thousand Commandments: An Annual Survey of the Regulatory State
The latest edition of my colleague Wayne Crews’s annual snapshot of the regulatory state, “Ten Thousand Commandments,” is out. This year’s lowlights include: Estimated…
Blog
More First Amendment Violations from Obamacare, Thanks to HHS
Obamacare will drive up costs for most patients and insurance policyholders. Yet "health-insurance companies must tell customers who get a premium rebate…
News Release
Expanded 2012 Edition of Ten Thousand Commandments Now Available
Washington, D.C., May 15, 2012 – Today, the Competitive Enterprise Institute (CEI) released the expanded 2012 edition of Ten Thousand Commandments: An Annual…
Blog
The Highway Bill and Sen. Jeff Bingaman’s Anti-P3 Propaganda
I've written extensively about federal surface transportation reauthorization, which is currently pending in conference. CEI, along with The Independent Institute and Reason Foundation,…
Study
Ten Thousand Commandments 2012
The scope of federal government spending and deficits is sobering. Yet the government’s reach extends well beyond the taxes Washington collects and its deficit spending…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
62 new final rules and 1,577 new Federal Register pages covering everything from sunscreen to commericial driver's licenses.
Blog
Austerity Is Mythical, But It Would Have Real Benefits
Left-leaning commentators are wrong to decry “austerity” in Europe, since, as the Richmond Times-Dispatch notes, such “austerity” is largely mythical: European nations have not…
Blog
Framing the Debate on Chemical Regulation
Last week, CEI hosted a congressional briefing on chemical policy and regulation (the video of the event is forthcoming). A news story in…
Blog
Why JPMorgan Chase’s Mark-to-Market Losses Don’t Bolster Case for Volcker Rule
There is much still to be known about the $2 billion in losses JPMorgan Chase is reporting due to a flawed hedging strategy. But this lack of…
Blog
Intellectuals Are the Shoeshine Boys of the Ruling Elite
“Why do so many intellectuals lean politically to the left?” CEI President Fred Smith has written extensively on that question. In today’s Wall Street Journal, Harvard…
Blog
Republican Space Socialism Update
Last time we checked in on this topic, House Appropriations Chairman Frank Wolf (R-Virginia) was decrying the wastefulness of competition. Well,…
Blog
Austerity Bites – But It Isn’t the Problem
The election results in Europe, we are told, are a vote against the austerity of "savage" spending cuts. Veronique de Rugy, in National Review Online,…
Blog
The Great Unanswered Question About the Eurozone
In a column for the FT today, Wolfgang Munchau lays out what may be the only plausible solution to the Eurozone crisis – for…
Blog
H-2A Visas: Open in Theory, Closed in Practice
[caption id="attachment_54582" align="alignleft" width="300" caption="An Immigrant Worker in Idaho"][/caption] “Our immigration problem’s not going away.” That was the title of my article for…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
70 new final rules, covering everything from Pell grants to underground storage tanks.
Blog
Law Professors: I’m Shocked to Find Gambling In This Casino!
Just as a character in Casablanca claimed to be shocked to find gambling in a casino, race-conscious employers typically deny that they considered race…
Blog
CEI Podcast for May 3, 2012: Paving the Way for Innovation and Job Creation
Unemployment remains stubbornly high, more than three years after the financial crisis hit. John Berlau, CEI’s Senior Fellow for Finance and Access to Capital, suggests…
Blog
Center-Right Coalition Calls For Credit Union Deregulation to Lift Lending
The recent viral video sensation "If I Wanted America to Fail" confirms that the regulatory state is a major focal point for the center-right…
Blog
Court Rules State Biotech Food Labeling Mandates Preempted By Federal Law
It’s been a few years since biotech foods have been regular front page news. The anti-technology activists cried wolf a few too many times, and…
Blog
Student Loans Drive Up Tuition, Create Demographic Time Bomb and Higher-Education Bubble
Professor Glenn Harlan Reynolds writes in the New York Post about how student loan programs have contributed to skyrocketing debt and rising defaults:…
Blog
The Deregulator Who Wasn’t
Washington Examiner columnist Conn Carroll refutes President Barack Obama’s attempt to blame the nation’s ongoing economic problems on his predecessor. In a recent interview,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations passed last week, covering everything from Medicare to fishing for northeast skate.
Blog
Diversity Training Doesn’t Work, But It Persists Anyway, Due to Compulsion
Diversity training doesn't work, according to an article in Psychology Today. In it, Peter Bregman notes, “Diversity training doesn't extinguish prejudice. It…
Blog
Alcohol Regulation Roundup: April 27, 2012
It's time once again for a review of the ever-changing, increasingly complex, regulation of alcohol around these United States. This should give you something to…
Blog
CEI Podcast for April 26, 2012: The Cyber Intelligence Sharing and Protection Act (CISPA)
Associate Director of Technology Studies Ryan Radia goes over CISPA's privacy problems and discusses the bill's political prospects.
Blog
Congressional Hearings Question National Toxicology Program’s Science
Today, the House Science, Space, and Technology Committee and House Small Business Committee held a joint hearing on the National Toxicology Program's (NTP)…
Blog
SB 1070 Author: “I’m a Civil Libertarian”!
[caption id="attachment_54026" align="alignleft" width="300" caption="Russell Pearce with white supremacist J.T. Ready"][/caption] "As a civil libertarian… I don't want a police state. I want a…
Blog
SB 1070 Summary: Read Arizona’s Controversial Immigration Law!
Arizona’s controversial immigration law -- SB 1070 -- heads to the Supreme Court this week. One can only hope that the Justices do a…
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