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
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
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Six Painless Ways to Cut Federal Red Tape
President Obama signed an Executive Order this week that will initiate a "government-wide review of the rules already on the books to remove outdated regulations…
Blog
EPA to Re-Brand Mortality Risk Reduction
A recent paper published by the EPA provides up to date governmental thoughts on attempts to put a value on a statistical life (VSL)…
Blog
Morning Media Summary
Tech: FCC signs off on Comcast’s bid to control NBC Universal: “Federal regulators signed off on Comcast Corp.’s bid to control NBC Universal,…
AOL News
6 Painless Ways to Cut Federal Red Tape
In this age of trillion-dollar budgets, deficits and stimulus packages, taxes and spending get all the press. But while the $3.5 trillion federal budget…
Wall Street Journal
Move Reflect Shift In Presidents Tone
The Wall Street Journal discusses regulations and executive orders with Wayne Crews. He didn't disavow the Dodd-Frank Act nor his new health-care law,…
Study
Reform Wetlands Policies
Liberate to Stimulate Index…
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Let Market Forces Regulate Internet Gambling
In June 2010, the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) was implemented after years of delays. The law regulates banking and credit processes related…
Study
Suspend Mark-to-Market Rules and Make Accounting Regulators Accountable
Liberate to Stimulate Index The Financial Accounting Standards Board (FASB) was hauled before Congressional hearings and members of both parties expressed concern…
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Protect Free Speech by Rejecting Content Regulation
Liberate to Stimulate Index In recent years, the First Amendment’s protections have been increasingly extended to commercial speech, such as product advertisements…
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Allow Immigrants Full Access to the American Economy
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Phase Out the National Flood Insurance Program
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Counteract Politicization of Federal Science Policy
Liberate to Stimulate Index The federal politicization of science in many areas is harming science itself. Ethics rules and advisory panel guidelines…
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Resist New Burdens on the Transportation Sector
Liberate to Stimulate Index The transportation industries—airline, railroad, shipping, and trucking—are networks involving both a flow and a grid. The flow element…
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Develop Smart Policies to Help Homeowners Deal with Natural Catastrophes
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Forge a Bipartisan Approach to End Corporate Welfare
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Put Mobility First in Surface Transportation
Liberate to Stimulate Index Surface transportation policy has become less rational and more ideological in recent decades. Environmentalists, urban planners, and their…
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Regulate Government Data Collection While Avoiding Perscriptive Privacy Regulation
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Resist Anti Consumer Antitrust Regulation
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Resist Forced Unionization of Public Safety Personnel
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Oppose Taxpayer Bailouts of Underfunded Union Pension Funds
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Reform the Transportation Security Administration
Liberate to Stimulate Index Reform of the Transportation Security Administration (TSA) is long overdue—as the recent passenger backlash against both the TSA’s…
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Restore the Constitutional Right to Property
Liberate to Stimulate Index The right to property is an essential part of a free society, and widespread private property ownership is…
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Eliminate Wage Ceilings for Unionized Workers
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Embrace Private Conservation of Land and Natural Resources
Liberate to Stimulate Index Private stewardship and markets play a critical role in land and natural resource conservation. Much of America’s land…
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Oppose Efforts to Impose Pro-Organized Labor Rules through Regulation
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Protect Endangered Species
Liberate to Stimulate Index The Endangered Species Act (ESA) of 1973 is bad for wildlife, because it is bad for people. It…
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End Federal Support for Renewable Energy
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Clarify the Role of Invasive Species
Liberate to Stimulate Index In the past, policies addressing problem plants and animals followed a rational path: They focused on controlling organisms…
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Increase Access to Energy
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Develop New Approaches to Preserve Ocean Resources
Liberate to Stimulate Index The world’s fisheries face severe decline. Because many of the world’s ocean resources are not “owned,” they tend…
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Trash Counterproductive Waste Disposal Policies
Liberate to Stimulate Index Many of the nation’s current solid waste policies follow an outdated, politicized, and government-centered model. State and local…
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End Bailouts and Government Ownership in Fannie/Freddie, GM, AIG, and Other Entities
Liberate to Stimulate Index On October 3, 2010, the federal government’s authority under the Troubled Asset Relief Program (TARP) officially expired. Rushed…
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Recognize the Elitist Nature of Anti-Sprawl Measures
Liberate to Stimulate Index For the greater part of the last century, many people have sought the American Dream by raising their…
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Affirm the Role of Property Rights in Water Rights Policies
Liberate to Stimulate Index Battles over limited water supplies in the United States and around the world have long produced conflicts and…
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Reject the Precautionary Principle, a Threat to Technological Progress
Liberate to Stimulate Index Increasingly, governments and environmental activists are demanding that producers of both new and old technologies prove that their…
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Deregulate to Stimulate
Liberate to Stimulate Index When it comes to our economy, how did we get into this mess and how do we get…
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Reduce Burdensome Regulation of Medicines and Medical Devices
Liberate to Stimulate Index Over the past century, American consumers have benefited from thousands of new pharmaceuticals and medical devices to help…
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Purify Federal Water Policies
Liberate to Stimulate Index Drinking Water. Drinking water policy should focus on how best to ensure that Americans have clean and safe…
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Ensure Consumers’ Access to Bottled Water
Liberate to Stimulate Index Bottled water offers many important benefits— including portability, emergency applications, and convenience. The bottled water industry had been…
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Enhance Auto Safety
Liberate to Stimulate Index Automotive safety is the primary mission of the National Highway Traffic Safety Administration (NHTSA). In recent decades, however,…
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Improve Food Safety and Quality through Greater Information, Consumer Choice, and Legal Accountability
Liberate to Stimulate Index Few issues are as important to consumers as the safety and quality of their food—from microbial contaminants to…
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Protect Incentives for Pharmaceutical Innovation
Liberate to Stimulate Index In recent years, Congress has faced mounting public pressure to “do something” about the rapidly rising prices of…
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Avoid Hindering the Internet’s Evolution through Net Neutrality Regulation
Liberate to Stimulate Index In 2010, Congress failed to enact legislation authorizing the Federal Communications Commission (FCC) to enforce network neutrality rules.
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Advance a Global Pro-Trade Agenda
Liberate to Stimulate Index Increasing liberalization of world trade is a key factor behind the dramatic increase in global prosperity since the…
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Rein in the $1.75 Trillion Regulatory State
Liberate to Stimulate Index Regulations are frequently anti-competitive and anti-consumer. They cost consumers hundreds of billions of dollars every year. Policy makers…
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Avoid Energy and Global Warming Policies that Pose Greater Risks than Global Warming
Liberate to Stimulate Index Global warming has been described as the greatest threat facing mankind, but the policies designed to address global…
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Recognize the Value of Hedge Funds and Private Equity for Entrepreneurs and Shareholders
Liberate to Stimulate Index Hedge funds and private equity are vehicles for wealthy investors to take risks and potentially reap high returns.
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Reform Federal Agriculture Programs
Liberate to Stimulate Index With America’s economy struggling to roar back to strong growth and a deficit approaching $1 trillion, policy makers…
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Free Smaller Companies to Go Public by Rolling Back Burdensome Sarbanes-Oxley Accounting Rules
Liberate to Stimulate Index In CEI’s last Agenda for Congress, we recommended that “smaller public companies be exempt from Sarbanes-Oxley’s Section 404.”…
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Encourage Credit Access Innovation
Liberate to Stimulate Index The abuses of the subprime crisis have made it all too easy to overlook the myriad…
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Reining in America’s Regulatory Leviathan: America Gets a Second Chance
Liberate to Stimulate Index We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our…
Blog
NLRB Litigates for Less Freedom
In another demonstration of the overreaching power of the federal government, the National Labor Relations Board (NLRB) is preparing to sue Arizona, South Carolina, South…
Study
Liberate to Stimulate
We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our economy. Taxes and spending receive plenty of…
Blog
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
On Tuesday, the Financial Stability Oversight Council may issue its recommendations for implementing the Volcker Rule, the provision of the Dodd-Frank financial legislation that bans so-called proprietary trading…
Blog
Morning Media Summary
Tech: Facebook: Goldman Sachs excludes US investors from deal: “Investors from outside America will be able to take part in…
Wall Street Journal
Obama Needs To Confront Regulation
Today President Obama released an Executive Order called “Improving Regulation and Regulatory Review.” It calls for a government-wide review of rules,…
News Release
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
Contact: Christine Hall, 202-331-2258 Lee Doren, 202-331-2259 Washington, D.C., January 18, 2011 – Today, the Financial Stability Oversight Council is issuing recommendations for implementing…
News Release
Obama Executive Order on Reg Reform – Far Too Little, Far Too Late
Washington, D.C., January 18, 2011 — Statement by Wayne Crews, CEI Vice President for Policy Today, President Obama released an Executive Order called…
Wall Street Journal
Obama’s Version of Regulatory Reform
Fox News
Jobs and Regulation — Is Obama Finally Getting Serious About Solutions?
Fox News discusses the size of the regulatory state with Wayne Crews. According to the Competitive Enterprise Institute’s Wayne Crews, the regulatory state stood…
Government Executive
Obama orders review of agency regulations
Government Executive discusses executive overreach and its effects with Wayne Crews. But others said the changes are too little and too late. The…
Blog
Morning Media Summary
Tech: Google Release Chrome 8.0.522, Pays $14,000 in Bug Bounties: “Google has released version 8.0.552.237 of its Chrome browser, which includes fixes for…
Government Executive
Debit Card Price Controls May Help Businesses, but Hurt Consumers
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Morning Media Summary
Tech: Person Tweeting Death Wish for Palin Now Wants Privacy: “Now YouTube is threatening to pull the video because one of the people…
Blog
Benefits of Cutting White Pages Distribution
After asking why so many states get involved in TelCo activity (requiring that phone books get distributed in hard copy, even over phone companies’ vigorous…
NCPA
The Limitations of Public-Private Partnerships
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CEI Podcast for January 12, 2011: Public-Private Partnerships
Land-use and Transportation Policy Analyst Marc Scribner talks about his new CEI Issue Analysis, "The Limitations of Public-Private Partnerships."…
Blog
US Loses Ground in 2011 Index of Economic Freedom
The U.S. dropped from 8 to 9 on the just-released “Index of Economic Freedom” put out by the Heritage Foundation and the Wall Street…
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Why Do States Still Require Phone Books to Be Delivered?
Did you know that some states require companies to deliver phone books to state residents? Never mind the fact that most people don’t use phone…
Blog
Villaraigosa: Brown’s Elimination of Redevelopment Agencies “a Non-Starter”
Pro-smart-growth, “green” Los Angeles Mayor Antonio Villaraigosa is upset with Governor Jerry Brown’s remarkably sensible decision to shut down the state’s 425 redevelopment agencies, including…
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Troubles in Central Planning: New York City Cabs
Via the New York Times, an article with empirical evidence that regulatory incentives encourage cabs to disappear around 5pm, just when they are needed…
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Morning Media Summary
Tech: Verizon iPhone Could Double U.S. Mobile Games Industry This Year: “Earlier today, Verizon and Apple finally confirmed what everyone knew was coming:…
NCPA
The FDA Needs Strong Medicine
Christmas came a couple of weeks late to the business sectors regulated by the Food and Drug Administration. The greatest threat to the success of…
Blog
Morning Media Summary
Tech: Iceland protests to U.S. over Twitter data demand: “Iceland called in the U.S. ambassador in Reykjavik on Monday to register its displeasure…
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Morning Media Summary
Tech: Twitter endorsements face OFT clampdown: “How does a celebrity declare their affiliations to certain brands in fewer than 140 characters? Many may…
Blog
Dodd-Frank Financial “Reform” Violates Property Rights and Equal-Protection Guarantees
Last week, I described how the Dodd-Frank financial “reform” law passed last summer violates constitutional separation-of-powers safeguards by giving unaccountable bureaucrats the…
Blog
Dodd-Frank Violates Separation of Powers and Constitutional Checks and Balances
In a recent edition of the Washington Post, former White House counsel C. Boyden Gray noted that the sweeping Dodd-Frank financial “reform” law passed…
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Morning Media Summary
Tech: Hackers find new way to cheat on Wall Street – to everyone’s peril: “High-frequency trading networks, which complete stock market transactions in…
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CEI Podcast for January 6, 2011: D.C.’s Plastic Bag Tax
Warren T. Brookes Journalism Fellow Kathryn Ciano talks about Washington, DC's five-cent tax on plastic bags.
Blog
More Signs of Incompetence in Washington, D.C. Transit System
In the latest sign of dysfunction at the Washington Metropolitan Area Transit Authority (“Metro”), the struggling subway system has appointed a supervisor of escalators…
Blog
What Government Unions Want: One, Two, Many Californias
That the large Republican gains in the 2010 midterm elections pose a setback for organized labor’s agenda is hardly news. What will be newsworthy is…
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Morning Media Summary
Tech: HHS is Paying Google with Taxpayer Money to Alter ‘Obamacare’ Search Results (Updated): “The brazenness of the Obama administration never ceases to…
NCPA
Ag Roundup: New GOP House May Strip Food Safety Law … Can GE and Non-GE Alfalfa ‘Co-Exist?’
One News Show
Record-breaking federal report
The WHIR
What’s hampering innovation?
The WHIR discusses regulation approval processes with Wayne Crews. Wayne Crews of the Competitive Enterprise Institute took the first position. He feels that…
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New York Snow Debacle Shows: It’s Government Unions vs. Taxpayers
The longstanding alliance between Democratic politicians and government employee unions has come under increasing strain, as I recently noted in a Washington Times op…
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Morning Media Summary
Tech: CES 2011 Predictions: 7 Trends To Watch At The World’s Biggest Tech Show: “Las Vegas is currently gearing up for the Consumer…
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Morning Media Summary
Tech: Court OKs searches of cell phones without warrant: “The California Supreme Court allowed police Monday to search arrestees’ cell phones without a…
Blog
New Jersey Trying to Seize Unused Gift Card Balances
That's one way to fix a busted budget. Here's another: spend less.
Blog
TSA’s High Failure Rate Is the Least of its Problems
If policymakers were rational, they would give twenty times more attention to lightning strike prevention than to terrorism. But they aren't, and they don't.
Blog
Morning Media Summary
Tech: The 10 best Android hacks: “The web’s massed fanboy armies will debate the relative merits of iOS and Android until the apocalypse,…
One News Show
IRS’s tax help could hurt, says critic
One News Show
Manufacturing Unemployment
For most Americans, persistently high unemployment is a new development — but employment in the manufacturing sector has been taking a beating for decades. Painful…
Blog
Union Holds New York Hostage
Public anger over New York City’s botched snow plowing effort this week has turned to the city’s sanitation workers union — for good reason.
Blog
2010 Federal Register is Third-Largest Ever
The final unadjusted page count is 82,589 pages. That's the third highest ever.
Blog
Morning Media Summary
Tech: Apple Sued Over Apps Privacy Issues; Google May Be Next: “Two separate groups of iPhone and iPad users have…
One News Show
Jobs, Joblessness and Obamanomics
While watching one of the news shows I had recorded over the weekend, a particular panelist’s comment stood out for its rare feat of actually…
Blog
Morning Media Summary
Tech: Earth project aims to ‘simulate everything’: “An international group of scientists are aiming to create a simulator that can replicate everything happening…
The New American
Prof. Alfred Kahn, Father of Airline Deregulaton, Passes Away
Blog
New CEI Podcast — December 28, 2010: IRS as Tax Preparer?
Fellow in Regulatory Studies Ryan Young looks at the IRS' proposal to save you time by doing your taxes for you.
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