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: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
Blog
From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
Blog
This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
Search Posts
Study
Regulating Greenhouse Gases: Will EPA Take a Dive?
The International Center for Technology Assessment (ICTA) wants the Environmental Protection Agency (EPA) to regulate carbon dioxide. This fall, ICTA, an anti-technology group…
Op-Eds
A Cowboy Economy?
On recent trips to Europe, I’ve become increasingly aware of a reality disconnect between the way America is and the way we’re viewed…
Study
Federal Reinsurance for Homeowner’s Insurance: Another Capitol Hill Disaster.
Storm clouds over Capitol Hill. House Banking Committee members are teetering on the brink of triggering a mega-disaster this week that is pointed…
Op-Eds
An Antitrust Division Run Amok (Letter to the Editor)
I would have happily signed a letter urging a cap on the Depart ment of Justice’s Antitrust Division budget if I’d been asked [`Hardball and Windows,” op-ed, Oct.
News Release
Shadow Insurance Committee to Meet October 25 to Review Catastrophe Insurance Financing & Redlining Issues
Washington, D.C., October 22, 1999 – The Shadow Insurance Regulation Committee will hold its second meeting of the year at 12 noon on October…
Op-Eds
New Pricing Plans Are Good
This isn’t your father’s telecommunications market. Long-distance pricing was once onesize-fits-all, with high, distance-sensitive rates cast in stone by regulators. Now that is changing, as…
Op-Eds
Tyranny of the Unelected Regulators
Congress passed and the president signed into law 241 bills in 1998. Meanwhile, federal agencies were far busier: They issued 4,899 rules and regulations — 315…
Washington Times
Unchecked Regulatory Creep
Washington Times
Feeding the Green Money Tree
The Clinton-Gore administration continues to thumb it nose at the Constitution by trying to implement a global warming treaty (the Kyoto Protocol) that has not…
Citation
Regulatory ‘Right to Know’
News Release
June 22: Cost of Government Day
“Every year on April 15, million of taxpayers across the country file their 1040 forms, and are outraged at how much they have to send…
News Release
Institute Applauds Supreme Court Decision UpHolding First Amendmen Rights of Advertisers
Washington, DC, June 15, 1999 – The Competitive Enterprise Institute (CEI) applauds yesterday’s Supreme Court decision in Greater New Orleans Broadcasting Association v. United…
Op-Eds
Constitutional Integrity (Letter to the Editor)
A May 24 editorial, “A retreat on clean air,” suggests that holding Congress to the Constitution will make solid environmental protection a “hazy, distant prospect,”…
Washington Times
Who Makes Our Laws? (Letter to the Editor)
Surely Cass R. Sunstein is right that “greater respect for democratic government” is urgent (“The Courts’ Perilous Right Turn,” Op-Ed, June 2). But in his…
Op-Eds
Suburban Development Made Scapegoat for Urban Woes (Letter to the Editor)
The national debate about suburban development spawns many misunderstandings about the real issues. The recent USA TODAY editorial and response by Vice President Al Gore…
Washington Times
Clearing the Air on Regulatory Excess
The Clinton EPAs biggest regulatory victory was turned into its biggest legal defeat last Friday, as the U.S. Court of Appeals for the District of…
Op-Eds
Enemies of the Stasis
Virginia Postrel’s excellent The Future and Its Enemies (Free Press, 1998, 265 pages) details the many ways in which the forces of dynamism conflict with…
Washington Times
High Price of Regulations
Washington Times
Vice President’s Plan to Change Method to Measure GDP (Letter to the Editor)
Michael Evans’ April 6 commentary “Misguided Solution for debtors” did eh:. excellent job of refuting .Vice. President Al Gore’s plan’ to sell the gold reserves…
Study
Free Speech and Alcohol: How Much Is Too Much?
On February 5th, the Bureau of Alcohol, Tobacco, and Firearms (ATF), approved two wine labels containing the following statements: The proud people…
Study
The Simple ABC’s of Regulatory Reform
View Full Document as PDF Streaming out of Washington now are sometimes bizarre regulations covering, among other things; workplace ergonomics, flammability…
Washington Times
Congress Reins in Regulatory Beast
Op-Eds
Unlivable Communities
Vice President Al Gore recently announced a new “livable com munities agenda,” designed to “ensure a high quality of life” by controlling so-called “urban sprawl.” But…
Study
So, What Will This Unfunded Mandate Cost Me?
View Full Document as PDF The $1.77 trillion spending budget President Clinton sent to Congress February 2 tells just part of…
Products
What A Congress
As1998 draws to a close, it’s appropriate to look back at the most significant deregulatory successes that have been achieved during the year. Where should…
Commerce and Industry Association of New Jersey
Wealthier is Healthier
Products
ATF Documents Reveal Ban on Protected Speech
We have previously reported on CEI’s pending lawsuit with the bureau of Alcohol, Tobacco and Firearms (ATF) challenging the constitutionality of the agency’s ban…
Products
Rethinking Insurance Regulation–1998
NATURAL DISASTERS AND CATASTROPHIC…
Study
A Disaster Waiting to Happen: Why Washington Shouldn’t Subsidize Disaster Insurance
This Thursday, April 23, the House Banking and Financial Services Committee will examine H.R. 219, the Homeowners Insurance Availability Act sponsored by Rep. Rick…
Study
Electric Avenues: Why “Open Access” Can’t Compete
Full Document Available in PDF The regulation of electricity markets…
Products
The Other Roosevelt Legacy
America’s current political dilemma the dominant progressive belief that government is a force for unlimited good — has many roots, but special honor goes…
Products
Flirting With Disaster
Congress is again exploring new ways to undermine the private market for homeowners insurance in disaster-prone parts of the country. On February…
News Release
Hidden “Taxes” Cost Families 20 Percent of Income
Washington, DC, January 22, 1998 — Federal regulations cost taxpayers $688 billion in 1997, over 40 percent more than the size of the entire…
Products
Bail Out For The Foolish
My Daddy always said never get between a fool and his mistake – it would sacrifice the only good that might come from the…
Products
The Economy of the Mind
Address to the Competitive Enterprise Institute ANA Hotel, Washington D.C. Tuesday, October 21, 1997 Thank you, Stan [Evans]. As Bill Clinton says…
Products
Abusing Discrimination
In America at century’s end, the surest way to obtain special treatment for a social group is to assert that its members suffer…
Products
Disparate Impact Dangers
On March 10 one of the nation's largest property and casualty insurers, Nationwide Insurance Company, agreed to part with $13.2 million to settle allegations…
Study
The Yellowstone Affair: Environmental Protection, International Treaties, and National Sovereignty
Full study available in pdf format Environmental regulation has gone international in recent decades. There has been a proliferation of treaties, conventions, and protocols aimed…
Products
NAIC Insures Privileged Access
Thousands of insurance executives and regulators converged on Orlando, Fla., in March to attend the spring meeting of the National Association of Insurance Commissioners…
Products
New Choices in Auto Insurance
The high cost of auto insurance is a serious concern for many people across the country. Annual premiums can run into thousands of dollars.
Products
The Power of Positive Drinking
CEI is back in federal court. On October 29th, CEI filed suit against the Bureau of Alcohol, Tobacco and Firearms (ATF) to challenge the agency’s…
Products
Message from the Executive Director: Time for Another Contract
The 104th Congress was anything but "extremist." Its leaders proposed to balance the budget — but only after seven years. They called for family tax…
Products
Uncle Sam’s Commandments
While government activity is generally, and rightly, associated with taxing and spending, there is another way Congress carries out its objectives: by imposing health, safety,…
Study
The Free Market Automobility Bibliography
Study
Oysters and Willapa Bay
Contents: Oysters Oysters and Willapa Bay Eliminating the Tragedy of the Commons Experimentation and Innovation Fighting for Water…
Study
Appropriations Riders and Environmental Reform: How Appropriate?
Full Version Available In PDF The reform and restriction of federaql regulatory programs is a key element of the conservative Congressional agenda. Many…
News Release
Press Conference: Public in Dark about Alcohol and Heart Disease
WASHINGTON, DC November 6, 1995—CEI today releases a poll showing that over half the American public does not know about the cardiovascular benefits of…
Study
Regulatory Reform: Is it Still a Pipe Dream? A Look at the 104th Congress
Full Document Available in PDF…
Study
How to Dismantle the Interior Department
Full Document Available in PDF The Department of the Interior was…
Study
The Economic Fallacies of Demand-Side Management
Full Document Available in PDF Recent years have seen the emergence of…
Study
Home Not Alone: New York’s War on Landlords
Full Document Available in PDF The key to rent…
Study
Property Rights Fact and Fiction
Full Document Available in PDF The rise of property rights activism was…
Study
Property Wrongs: The Growth of Federal Land-Use Control
Full Document Available in PDF In the spring of…
Study
Public vs. Private Land Management: Which is Better for the Environment
Full Document Available in PDF The…
Study
Putting People Last: Endangered Species vs. People
Full Document Available in PDF Law-abiding, workaday Americans all across…
Study
Instrastate Trucking: Stronghold of the Regulators
The deregulatory wave of the 1970s and early 1980s freed the railroads, the airlines, air cargo carriers, and interstate trucking and buses from the…
Study
Pick a Number
Full Study Available in PDF How much would you be willing to pay for an…
Op-Eds
Better Living through Government Mandate?
Full article available in pdf format.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Technology—or rather government-favored technology—has gained…
Op-Eds
Better Living Through Government Mandate
Technology—or rather government-favored technology—has gained favor among Washington politicos and activists. Technology, these activists seem to believe, makes it possible to mandate almost anything—recycling,…
Op-Eds
Acute Government Activism
Click on link above to obtain .pdf of article.
Op-Eds
Don’t Cross these Lines
Please click on .pdf link above to view article.
Op-Eds
Barriers to Private Insurance
Full Document Available in PDF The American insurance industry is shackled by regulations and restrictions…
Op-Eds
An Environmental House of Cards
AFTER REPEATEDLY HEARING “read my lips, no new taxes,” it is appropriate to ask whether President Bush’s promise to be green was simply protective coloration.
Op-Eds
Deadly Overcaution: FDA’s Drug Approval Process
Full article available in PDF When the federal Food and Drug Administration announces its approval of an important new drug, the…
Op-Eds
Biotechnology Flirts with the Regulators
Biotechnology, like other unfamiliar high tech industries, offers great hopes but arouses even greater fears. Politicians, the record proves, are far more likely to respond to…
Commerce and Industry Association of New Jersey
The ‘Competitiveness’ Hoax
Study
Antitrust and the 99th Congress
Full Document Available in PDF…
Study
Washington Antitrust Report
View Full Document as PDF Antitrust reform is in serious trouble. The Administration’s efforts to legislate…
Washington Post
Antitrust Act May Undergo Major Changes
Op-Eds
An Antitrust Route to Re-regulation
From telecommunications to airlines and railroads, from banking to natural gas, from trucking to broadcasting, partial deregulation has changed the U.S. economic landscape for…
Op-Eds
Taxpayers Tied to the Tracks
Full article available in pdf. In the latest episode of the Perils of Pauline, the villain, (a.k.a., Amtrak—the most heavily subsidized…
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