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
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…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Search Posts
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…
Op-Eds
Bush Years Imposed Crushing Regulatory Burdens
Among the biggest lies told by liberals over the past few years is that the administration of President George W. Bush was some sort of…
Citation
Chris Horner on “Green” Programs and the War on Styrofoam
Chris Horner addresses the failure of "green" programs, both in terms of cost and purpose. He discusses the many millions wasted by the government…
Op-Eds
The Debt Ceiling, Thomas Jefferson and the Semi-Virtue of a Balanced Budget Amendment
I’m for a balanced budget, even an amendment, but I’m more for the principle of limited government. A federal government that picks a national bird…
Blog
Fannie Mae Played a Bigger Role in the Financial Crisis than Previously Thought
In the Wall Street Journal, Peter Wallison, who prophetically warned against the risky practices of mortgage giant Fannie Mae, describes the key role…
Blog
Michelle Obama’s 1700 Calorie Hypocrisy
I am no fan of ad hominem attacks, especially when it’s the President and his administration that deserve true criticism for their policies. So, when…
Blog
CEI’s Iain Murray Interviewed on New Book, Stealing You Blind
CEI Vice President for Strategy, and director of CEI’s Center for Economic Freedom, Iain Murray has a new book, Stealing You Blind: How Government…
Op-Eds
Put a Ceiling on Overregulation
After months of saying it wanted a “clean” hike in borrowing authority, the Obama administration now proclaims it wants to do something “big” in a…
Blog
Justice Department’s Witch Hunt Against Banks Will Harm Economy
The Justice Department is now extorting multimillion dollar settlements from banks, by accusing them of racial discrimination because they use traditional, non-racist lending criteria…
Blog
Regulation of the Day 183: Throwing Wet Sponges
Apparently British regulators don’t think their subjects are sponge-worthy.
Citation
Protestors Disapprove of Immelt’s Keynote Speech on Creating Jobs
News Release
Government Bureaucrats “Stealing You Blind,” New Book Reveals
Washington, D.C., July 11, 2011 – So-called public servants are “stealing you blind” with inflated salaries, early retirement, massive pensions, leaving a legacy of red…
New York Times
Red Tape Update: I Demand That You Audit Me
Blog
Regulation of the Day 182: The Definition of a Hot Dog
Having solved the state’s fiscal crisis, California’s state legislature has moved on to more important issues, such as the legal definition of “hot dog.”…
Blog
Strangely Specific Regulations
The next someone tells you the economy is dangerously unregulated, refer them to this list:…
Blog
CEI Podcast for July 7, 2011: How Much Does Regulation Cost?
One federal study says federal regulations cost $1.75 trillion. Another says it's $62 billion. The difference is almost a factor of 30. Vice President for…
Blog
Big Government Continues to Hurt Small Businesses Most
The Small Business Administration’s Office of Advocacy released a study showing that the burden of government regulation disproportionately falls onto small businesses. Specifically, those with…
Blog
New Video on the D.C. Taxicab Medallion Bill
Reason.tv has a new video up today, “D.C. Taxi Heist: How a new law would screw drivers and riders,” that explains why Washington’s proposed…
Daily Iowan
The Growth of the Administrative State
The Daily Iowan reports on Wayne Crews's report on the size of the federal regulatory burden. The Competitive Enterprise Institute has issued its…
Blog
Regulation of the Day 182: PowerPoint Presentations
A political party in Switzerland is seeking to ban Microsoft PowerPoint presentations in meetings.
Daily Iowan
The Cost Of Government Regulation
“You, there: stop complaining and start hiring!” That is essentially the Obama administration’s message to businesses. This is an administration that seems to believe that…
Blog
Alcohol Regulation Roundup: Independence Day Edition
Hopefully, this Independence Day weekend you liberated some nice libations from their containers. As Founding Father Ben Franklin said, “there can’t be good living where…
Blog
The National Labor Relations Act Turns 76
The National Labor Relations Act (NLRA) turns 76 today. This day should give pause to those who have been following the National Labor Relations…
Blog
Regulation of the Day 181: Offensive Bumper Stickers
Tennessee drivers can be fined $50 if someone else finds their bumper sticker offensive.
Blog
Sour Attitudes on Raw Milk
In a letter to the Washington Post over this past weekend, a “food safety consultant” in northern Virginia named Thomas L.
Blog
Failed Stimulus Spending Erodes America’s International Competitiveness, Wipes Out Wealth
In the Daily Caller, Chris Edwards has an interesting article about why government spending doesn’t “stimulate” the economy over the short-run or the long-run. Rather than…
Washington Times
Employers Doubt Obama’s Vow of Less Red Tape
The Washington Times references Wayne Crews's study on the size of the federal regulatory burden. Mr. Kovacs noted that the Government Accountability Office…
Blog
Chicago Mayor Emanuel Gives Unions a Choice: Concessions or Layoffs
Leaders of government employee unions must be feeling lonely these days. Across the country, Democratic state and local elected officials — traditional union allies —…
Blog
Restricting Your Right to Superlatives: Anna Eshoo and the FCC
A California Democrat is seeking to expand the bureaucracy of the FCC in order to protect Americans from dropped calls. Rep. Anna Eshoo (D-Calif.)…
Study
Labor Unions and the Democratic Party
Full Document Available in PDF Recently AFL-CIO President Richard Trumka compared…
Richmond Times Dispatch
Fuel-Economy Standards Need a Warning Label
Blog
Costs and Benefits of Regulation
One of the major developments in regulation over the last 30 years has been the rise of cost-benefit analysis. At first, agencies squirmed and resisted.
Blog
An Economic Paradox: SelectUSA, Government’s Expansion, and Private-Sector Growth
President Obama signed an executive order on June 15 to create SelectUSA, a new bureaucracy that acts as a one-stop-shop for government subsidies, in the…
Blog
Tyranny in Farmville
Two days ago, the advocacy group Consumer Watchdog filed an anti-trust complaint with the FTC seeking an investigation of Facebook’s allegedly anti-competitive practices. These…
Richmond Times Dispatch
The USDA’s Anti-Science Activism
Full Document Available in PDF U.S. Department of Agriculture Secretary Tom Vilsack must…
Blog
Farm Workers Win in California
Late last night Governor Jerry Brown vetoed the California farm workers “card check” bill SB 104 for. The bill would have abolished workers right to…
Blog
Dodd-Frank Interchange Fee Price Controls Less Draconian, But Still Destructive
Today, at around 3:30 pm, the Federal Reserve will vote on a final rule that will make price controls from the Durbin Amendment of Dodd-Frank…
Blog
Federal Appeals Court Upholds Obamacare’s Individual Mandate in Divided 2-to-1 Vote
The U.S. Sixth Circuit Court of Appeals has upheld the individual mandate contained in the 2010 healthcare law by a 2-to-1 vote, claiming that…
Blog
Senate Judiciary Committee Pushes False Claim that Supreme Court is “Pro-Business”
The Senate Judiciary Committee is bashing the Supreme Court today as pro-business in a hearing that began at 10:30 a.m. Two of the…
News Release
CEI Slams FDA Vote on Avastin
Washington, D.C., June 29, 2011 — An FDA advisory committee voted today to revoke the approval for breast cancer treatment from the drug Avastin.
Blog
Regulation Roundup
King County's $86 fine for swimming without a life vest, plus more.
Comment
CEI Submits Comments on the Proposed Inspection System for Catfish
Full Document Available as a PDF The Competitive Enterprise Institute…
Blog
Supreme Court: California’s Ban on Violent Video Game Sales to Minors Violates Free Speech
California's ban on the sale or rental of violent video games to minors has been struck down by the Supreme Court as a violation…
The Wall Street Journal
Why Your New Car Doesn’t Have a Spare Tire
Auto makers comply with fuel economy mandates by making cars lighter and more dangerous. Fewer tires, higher taxes. That may be what’s in store for…
National Review
Obama Mandates a Market for His Green Cars
Blog
Rail Carriers, Shippers Battle Over Regulation Before the Surface Transportation Board
On behalf of the Competitive Enterprise Institute, I've been involved in an ongoing proceeding before the Surface Transportation Board, the independent Department of Transportation agency…
Blog
A Definition of Unsustainable: The Long-Term Budget Outlook
The Congressional Budget Office has released its latest edition of the Long-Term Budget Outlook, and it makes for grim reading. Federal debt is currently…
Blog
What Unions Could Learn from AARP
Last week the American Association of Retired Persons (AARP) announced a major policy shift regarding Social Security. Formerly seen as the largest opponent to…
Blog
Stealing You Blind: Plans for Future Theft
One of the themes of Stealing You Blind is how public sector unions have worked with politicians to organize an industrial-scale transfer of wealth…
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