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
News Release
CEI releases a broad-based permitting reform blueprint to remove unnecessary and unreasonable obstacles for projects across the economy.
Today, the Competitive Enterprise Institute, having worked closely with many outside experts, released a new report, detailing a series of comprehensive recommendations for environmental…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Search Posts
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…
Blog
Super Mario Hasn’t Saved Italy’s Entrepreneurs
Italian Prime Minister Mario Monti is full of optimism these days. He has claimed to achieve “historic” reform in Italy’s labor market and to beat…
Blog
Gag Rule for Hedge Funds Challenged in Supreme Court on First Amendment Grounds in Bulldog Investors v. Galvin
Usually, you can advertise and discuss a product, even if not everyone is allowed to buy it. Thanks to the First Amendment, you can advertise…
Blog
$15 Trillion for… What, Exactly?
In a new study, Cato’s Michael Tanner finds that “Despite nearly $15 trillion in total welfare spending since Lyndon Johnson declared war on poverty…
Blog
Regulation of the Day 219: Cat Cafes
In a city as big as Tokyo, there is plenty of room for niche businesses. One niche is the neko café; neko is the Japanese…
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CEI’s Battered Business Bureau: The Week in Regulation
84 new rules, 1,675 Federal Register pages, including new regulations for medical exams for commercial drivers, Chilean pomegranates, and springsnail habitats.
Blog
Regulation Roundup
Alpaca tax breaks, IRS seeks power to confiscate tax delinquents' passports, and more.
Blog
CEI Podcast for April 19, 2012: Right to Work Laws and Compelled Speech
Indiana is becoming a right to work state, which means unions will no longer be able to force workers who don't want their representation to…
Blog
FDR on FDIC
Robert Samuelson’s column (April 8, 2012) discussing President Franklin Roosevelt’s reservations about the longer term implications of Social Security should not be surprising. In…
Blog
How to Fix U.S. Water Policy? Less Government, More Market Pricing
Late last week I received an invitation to testify in the Water and Power Subcommittee of the House of Representatives Natural…
Comment
Testimony on Reauthorization of Water Desalination Act of 2011
Full Document Available in PDF Separation of State and Water Water availability is a core infrastructure concern; today, that specific legislative…
Blog
Regulation of the Day 218: Bagpipes
Street musicians were recently banned from playing bagpipes in Vancouver, British Columbia. Just in time for the city’s Scotland Week celebration, Mayor Gregor Robertson happily…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations were published last week, the Federal Register grew by 1,475 pages, and the federal government is liberalizing its golden nematode policy.
Blog
Union Recalcitrance on Race Relations
Recent events have exposed unions’ troglodytic views on race relations. Basically, unions seek to preserve the current racial makeup of their workforce, regardless of changes…
Blog
CEI Podcast for April 12, 2012: Apple, E-Books, and Antitrust
Yesterday the Justice Department sued Apple and five major publishers over their e-book pricing model, alleging price fixing. Associate Director of Technology Studies Ryan Radia…
Blog
Competition in Water Infrastructure
Today, CEI released a report on how increased competition could make a big difference in the cost to taxpayers for upgrading water infrastructure.
Blog
A Free Market Defense of Retransmission Consent
Unshackling a market from obsolete, protectionist regulations can be a very challenging undertaking, especially when the lifeblood of a regulated industry is at stake. The…
Blog
Why Matt Taibbi’s Anti-JOBS Act Screed Couldn’t Suck Worse
I have had a range of reactions when reading Matt Taibbi's pieces in Rolling Stone. Most of the time, I vehemently shake my head, but quite a few times…
Blog
San Francisco Judge Dismisses Lawsuit against McDonald’s over Happy Meals
"In San Francisco, Judge Richard Kramer has dismissed the Center for Science in the Public Interest’s lawsuit on behalf of parent Monet Parham seeking to…
Citation
When Will We Learn Lessons of Big Government?
From Lawrence Reed’s article in The Times-Herald: The Obama administration is jamming new regulations down the throats of businesses big and small at…
Blog
Grow Economy by Cutting Law School Subsidies
The economy remains slow, recovering from the recession at an unusually low rate, partly due to economically-harmful Obama administration policies. "U.S. stocks fell, dragging…
Blog
Regulation of the Day 217: Being Rude
The mayor of La Torba, Spain recently issued a 65-point Courtesy Charter making it illegal to burp in public or slurp your soup, among other…
Blog
Further Space Property Rights Responses
Since my previous post on media reaction to CEI's press briefing on Thursday, Popular Science has provided a…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A new Prison Bureau regulation allows inmates to publish under their own name as of May 3, plus more.
Op-Eds
Free-Market Environmentalism? It’ll Never Fly, Orville!
The week before Easter I gave a brief speech at the Association for Private Enterprise Education, a foundation dedicated to assembling scholars, professors and students…
Blog
Regulation Roundup
Public school bans a 3-year old with cerebral palsy from using her walker at school, plus more.
Blog
Live Streaming at 11:00 AM EDT — Securing Property Rights in Space
On Thursday, April 5, the Competitive Enterprise Institute will host a Capitol Hill briefing to introduce a new study by Adjunct Scholar Rand…
Blog
Public Choice: A Primer
The good folks at the London-based Institute for Economic Affairs have just released an excellent book by Eammon Butler, Public Choice: A Primer.
Blog
Multiemployer Pensions, the Tragedy of the Commons, and the “Last Man Standing” Rule
The “tragedy of the commons,” as described by the late ecologist Garrett Hardin, generally refers to the depletion of a finite resource caused by…
Blog
Economic “Recovery” Is Slow and Weak Due to Obama Administration Policies
Typically, after the economy suffers an unusually severe recession, it bounces back in an unusually rapid recovery -- what some economists and others refer to…
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