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: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Blog
Police Shut Down Another Rogue Lemonade Stand
Abigail Krutsinger, 4, never applied for a permit and a health inspection.
One News Now
New Fuel Economy Standards Could Hurt More Than They Help
Letters
Letter on Voluntary Reporting Comments
I am writing on behalf of the Competitive Enterprise Institute (CEI), a non-profit free-market public policy group based in Washington, D.C. This letter responds to…
Comment
Comments on Draft Report to Congress on the Costs and Benefits of Federal Regulation
SUMMARY OF CEI COMMENTS: CEI’s comments cover the following four areas. Consumers’ Right to Know: CEI has long advocated the consumer’s “Regulatory Right to Know.”…
Blog
License to Rent-Seek
Few regulations are more blatantly anti-competitive than occupational licensing.
Blog
Regulation of the Day 191: Sippy Cups
New York’s state legislature just passed a bill requiring warning labels to be put on all sippy cups sold in the state.
One News Now
Bad Foundation
Most attempts at financial reform have been burdensome, created unintended consequences and have been harmful to economic growth. But compared to the Dodd-Frank Wall Street…
Blog
Bipartisan Regulatory Reform
Usually, "bipartisan" means "twice as stupid." But for real regulatory reform to happen, both parties need to be involved.
Blog
The Limits of Government-Funded Psychology: 9/11 Counseling Backfires
After school shootings, psychologists fan out and provide “grief counseling” to student bodies, but it’s far from clear that this does any good. Critics say…
Blog
Regulation of the Day 190: How to Behave While in a Forest
Since time immemorial, Cook County, Illinois has had very strict personal conduct regulations for its forests. Among other things, it has been illegal to:…
Fox News
Reforming Regulation, Bit by Bit
President Obama recently issued an executive order directing independent agencies to comb through their books and repeal unneeded regulations. This is, as he put it,…
Blog
Stop Messing with My Daughter’s Happy Meal!
There are apples and other fruit sitting around my house, and my four-year-old daughter can eat an apple anytime. By contrast, she seldom gets to…
Blog
Regulation of the Day 189: Naming Your Baby
New Zealand’s Registrar of Births, Deaths and Marriages has a list of names that are verboten for newborn babies.
National Center for Policy Analysis
Special Interest at Heart of CARE Act
National Center for Policy Analysis
The Wisdom of the Debt Ceiling
Even though I often disagree with his conclusions, I’ve long been a fan of New Yorker correspondent James Surowiecki. In his articles and his book,…
Blog
Mandatory Data Retention Rears its Ugly Head Again
This morning the House Judiciary Committee began markup on H.R. 1981, the “Protecting Children from Internet Pornographers Act of 2011,” which would among other things force…
Blog
Thousands of Jobs and Billions in Wealth Wiped Out by Dodd-Frank Conflict Minerals Provision
Thanks to the "conflict minerals" provisions of the 2010 Dodd-Frank law, thousands of the world's poorest people will lose their jobs. Why? Simply because they…
Blog
Regulation of the Day 188: Cat Licenses
San Diego's city government is going through tough financial times. But legislators have found a lucrative possible revenue source: the city’s 373,000 cats. The city…
National Center for Policy Analysis
False Prophets of Debt-Ceiling Doom
If I didn’t know any better, I’d be on the lookout Tuesday for the Four Horsemen of the Apocalypse. With Aug. 2 just around the…
Blog
Government Promoted the Risky Non-Traditional Mortgages that Triggered the Financial Crisis
Ed Pinto, who was an executive at Fannie Mae long before it went into the toilet and nearly took the financial system down with it,…
Blog
Regulation of the Day 187: Pedicabs
The DC City Council wants to require pedicab passengers to wear seatbelts.
Blog
More Confusion on Breast Cancer Screening
When the federal government's Preventive Services Task Force recommended in November 2009 that most women under age 50 should stop having regular…
National Center for Policy Analysis
Inhofe Bill Would Shine Sunlight on Regulation Costs
Study
A CARE-less Rush to Regulate Alcohol
Wine, beer, and spirit wholesalers have a long history of employing state laws to secure a guaranteed slice of the market. Recent court cases have…
Blog
Killed by Regulations: New Century Brewing, RIP
Add another name to the list of the dead as a result of actions taken by the Food and Drug Administration (FDA). I certainly feel a…
Blog
Regulation of the Day 186: Missing Children
Covington, Kentucky police ordered a grieving grandmother to take down fliers of her missing granddaughter from city property.
Blog
Steve Wynn: Obama is the “Greatest Wet Blanket to Business and Progress and Job Creation in My Lifetime”
Even Democratic businessmen are getting disenchanted with the Obama administration and its knee-jerk hostility to anything that creates jobs or wealth. Las Vegas mogul…
National Center for Policy Analysis
Dodd-Frank’s Fannie Trap
One year ago today, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act. Despite the “Wall Street” moniker, the tentacles of Dodd-Frank’s…
National Center for Policy Analysis
Failure is Not a (Government) Option
At his press conference on the debt ceiling negotiations, President Obama lamented that he’d rather “be talking about stuff that everybody welcomes, like new [government]…
National Center for Policy Analysis
One Year Later: Frank-Dodd “Reform” Leaves Fannie and Freddie Intact
Blog
Competitors: Stop That Merger!
Real competition happens in the market. Not in Washington.
National Center for Policy Analysis
Put a Ceiling on Overregulation
President Barack Obama may have inadvertently revealed one area of common ground with the Republicans during his recent news conference laying out sharp differences with…
Blog
Consumer Financial Protection Bureau Nominee Richard Cordray Supports Price Controls and Borrower Bailouts
Last Thursday, before the House Oversight and Government Reform Committee, Consumer Financial Protection Bureau architect Elizabeth Warren insisted that her priority was not to ban certain…
Blog
Free Speech versus Compelled Praise for Diversity
Can the government force those it licenses to parrot its praise for "diversity"? The Colorado Department of Human Services Child Care Division thinks so, issuing…
Blog
Regulation of the Day 185: How to Wear Pants
Collinsville, Illinois officials know that when you look good, you feel good. That’s why they are now regulating the height at which people shall wear…
Blog
Alcohol Regulation Roundup: July 19, 2011
California: In an attempt to lower the rates of minors drinking alcohol, a bill is being pushed that would prevent grocery store patrons from…
National Center for Policy Analysis
It’s for the Children
The government robber barons justify themselves by telling you that big government is for your own good or, even better, “it’s for the children!” What…
Blog
Another Shot at Pennsylvania Liquor Privatization
Ah, Pennsylvania: home sweet home. The state known for its soft pretzels, Hershey’s chocolate and Sylvester Stallone statues. Unfortunately, it has also…
Blog
Police Shut Down Renegade Lemonade Stand
Vendors inside the car show didn't appreciate the competition. So they talked the city government into passing a new ordinance that put the girls out…
Blog
Regulation of the Day 184: Picking up Dog Poop
A Vienna, Austria man was recently jailed for not picking up after his Great Danes.
One News Now
Regs Reform Merely a Pittance
Blog
Permit More Permits, Please
Want jobs? The National Ocean Industries Association and the American Petroleum Institute have the answer: restore the number of exploration and offshore drilling permits…
Blog
The President’s Health Care Fables
The president pushed the health care bill through Congress using a series of fables -- health insurance horror stories…
Big Government
Unnecessary Government Intervention
Blog
Stealing You Blind: Some Solutions to Over-Government
The central theme of my new book Stealing You Blind is that America is over-governed – at federal, state, and local level (there’s a…
National Review
Highway Robbery
National Review
A Training Manual for Right-Sizing Government
Attempting to reduce the size of government program-by-program is almost certainly a fool’s errand. With a trillion-dollar deficit looming every year, ending earmarks or finding…
Wall Street Journal
Let There Be Light Bulbs
Letters
CEI Joins Coalition in Support of the Wireless Tax Fairness Act
Full Document Available as PDF CEI has signed a letter along with a coalition of other…
Blog
Debt Ceiling Deal of 1996 Set Regulatory Reform Precedent
In National Review this week, Wayne Crews and I make the case for including regulatory reform in a debt ceiling package. "Any hike in…
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