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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The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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No Obamaloans at the Post Office!
While Sen. Elizabeth Warren may proudly brand herself a populist, in her latest crusade, she is casting her lot with fat cats. Warren wants to…
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Obama Major Regulations 29 Percent Higher Than Bush
The 1996 Congressional Review Act (CRA) requires agencies to submit reports to Congress on their major rules — frequently defined as those costing $100 million…
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House Committee to Markup Bill Banning In-Flight Cell Phone Calls
Tomorrow morning (Tuesday, February 11), the House Transportation and Infrastructure Committee will markup the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act (H.R.
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Reining in the Executive Branch Bureaucracy, Part 7: Recognize and Reduce Indirect Costs of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI’s Battered Business Bureau: The Week in Regulation
55 new regulations, from kiwifruit administration to dehumidifiers.
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More Equality in the U.S. Than in Europe: When the Minimum Wage Buys More in the U.S.
France and England may have higher minimum wages than most of the U.S. does, but things cost so much there that minimum-wage workers can afford less stuff…
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Waxman’s Last Stand on Net Neutrality
It was announced that Rep. Henry Waxman, D-Calif., is proposing new net neutrality legislation. The proposed bill has likely been made…
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Reining in the Executive Branch Bureaucracy, Part 6: Deal with the Deadweight Cost of Regulation
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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New York Alcohol Bill Benefits Big Business at Consumers’ Expense
New York’s consumers and small alcohol retailers could soon be paying more for their tipples, for the benefit of big wholesalers. A bill now making…
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Two Million Jobs Will Disappear Due to Obamacare, CBO Predicts; Deficit to Rise
“The new healthcare law will slow economic growth over the next decade, costing the nation about 2.3 million jobs and contributing to a $1 trillion…
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USDOT Calls for Connected Vehicle Mandate; Security and Privacy Concerns Remain
The U.S. Department of Transportation (DOT) announced today it would chart a regulatory path that would require all new automobiles to be equipped with…
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Should States Legalize Sports Gambling? Yes!
With Super Bowl XLVIII in the history books, all that remains now is for the losers to lick their wounds and for the victors to…
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Regulation without Representation
Over at The Hill's Congress blog, Wayne Crews and I make the case for reining in the regulatory state as a way to improve the…
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CEI’s Battered Business Bureau: The Week in Regulation
52 new regulations, from hedge funds to California dates.
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Long-Suspected TSA Abuse and Incompetence Confirmed by Former TSA Employee
Politico Magazine has a disturbing article by former transportation security officer Jason Edward Harrington. At least it would be disturbing if it wasn’t largely just a confirmation…
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Reining in the Executive Branch Bureaucracy, Part 5: Categorize Regulations by Impact
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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State of the Union: President Gets Minimum Wage and Gender Pay Gap Wrong
President Obama surprised few in his State of the Union address, which was dominated by egalitarian and populist themes. The president is entitled to his…
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State of the Union: Economic Band-Aids for Poverty and Unemployment
One of progressivism’s most admirable traits is its concern for the little guy. But many progressive policies for alleviating poverty, unemployment, and other social problems…
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Reining in the Executive Branch Bureaucracy, Part 4: Put a Spotlight on Economically Significant Rules
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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CEI Experts on the State of the Union
ECONOMIC MOBILITY Iain Murray, Vice President for Strategy: “The fact is: Today’s America is divided between those who work…
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CEI’s Battered Business Bureau: The Week in Regulation
43 new regulations, from flood elevations to extra parentheses.
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Reining in the Executive Branch Bureaucracy, Part 3: Make Regulations Transparent Like the Budget
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his…
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Reining in the Executive Branch Bureaucracy, Part 2: Regulatory Benefits? Maybe Not
Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his State of…
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Target, Retailers Use Dodd-Frank to Skimp on Data Security
Chutzpah, thy name is the National Retail Federation! In the wake of the recent credit and debit card breach at Target that may have compromised…
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The Loss of Net Neutrality Is Not a Detriment to Consumers
Last week’s announcement that the District Court of Appeals struck down the non-discrimination and no-blocking rules of the Federal Communication Commission's (FCC) 2010 Order on…
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Reining in the Executive Branch Bureaucracy, Part 1: Measure Regulatory Costs
Since the Federalist Papers, America has debated "Energy in the Executive." But President Obama's 2014 agenda framed by his State of…
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CEI’s Battered Business Bureau: The Week in Regulation
57 new regulations, from shoeing horses to Florida avocados.
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Obama Announces NSA Reforms Could Undermine U.S. Leadership in the Global Information Economy
President Obama outlined plans to “reform” the National Security Agency’s mass surveillance programs in a Friday morning speech at the Justice Department. To his…
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“Wall Street” Regs Devastate Main Street Banks and Credit Unions
Again and again, when regulators implement a new Dodd-Frank regulation aimed at "Wall Street," it is Main Street banks and credit unions that are forced…
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CEI Podcast for January 16, 2014: FCC Loses Net Neutrality Court Case
Associate Director of Technology Studies Ryan Radia argues that while the case looks like a victory on the surface, it still gives the FCC plenty…
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Budget Deal Agreement and State of the Union Address Continue to Neglect Debt and Economy
In the lead-up to the State of the Union...a briefing theme was that President Barack Obama has little appetite for a debt reduction deal and…
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Obamacare Court Ruling in Halbig a Major Blow to Opt-Out States
The court’s ruling today in Halbig v. Sebelius delivers a major blow to the states that chose not to participate in the Obamacare insurance…
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Congressional Research Service Misinterprets Monetary History
Last month, the Congressional Research Service released a report on Bitcoin analyzing the structure of the network and its implications, if any, on monetary policy. The…
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CEI’s Battered Business Bureau: The Week in Regulation
38 new regulations, from job descriptions to Cape Sable thoroughworts.
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Is FCC Chairman Tom Wheeler for or against Net Neutrality? Yes
In what the Washington Post referred to as Federal Communications Commission (FCC) Chairman Tom Wheeler's strongest endorsement yet of net neutrality, he said: Public policy…
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CEI Podcast for January 9, 2013: Reining in Sue and Settle with the REDO Act
A bill called the REDO Act, which comes up for a House vote today, would limit a practice called sue and settle. Sue and settle…
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Loss of Economic Freedom Takes a Toll on Small Businesses
The 2014 edition of the Heritage Foundation/Wall Street Journal Index of Economic Freedom is set for release next week, and for America, the news…
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CEI’s 2014 Unconstitutionality Index: 56 Regulations for Every Law
Every now and then one sees a cute article like this Los Angeles Times piece lamenting that Congress is "ineffective" because…
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CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from school lunches to furnace fans.
Human Events
A top 10 list for Congress in 2014
I am no David Letterman, but I appreciate a good Top Ten list. As we enter 2014, it occurred to me that Congress could do…
USA Today
Extending Benefits Would Do More Harm.
Unemployment insurance extensions in the past five years have kept at least 600,000 people out of the labor force, because people tend to ride a…
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Bogus Rationale for Obamacare Still Being Peddled Even after Study Debunked It
"More bad news for Obamacare and its proponents. A new study from Oregon shows that" expanded Medicaid coverage “increased–rather than decreased–both the number of folks…
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Cataloging Washington’s Hidden Costs, Part 5: When Regulation Tramples Health and Safety
Act surprised...Show concern...Deny...Deny...Deny. —Anonymous What if anybody in power ever actually paid attention to the body count of federal regulation? We just finished another year…
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Two Cheers for Tapered Quantitative Easing
Over at the Washington Times, I encourage the Fed to taper back the rest of the QE program, and point out that the Fed may…
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2013 Ends with an 80,330-Page Federal Register and 3,659 Final Rules and Regulations
The Federal Register wrapped up 2013 with a third-highest count ever, of 80,330 pages. (The published version contains 80,462 pages but I net out blank…
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No, Legislative Fixes to Obamacare Weren’t Blocked by the GOP
As Obamacare's implementation went badly enough that it was mocked by comedians on late-night TV, a search for excuses began. The result was the now…
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CEI’s Battered Business Bureau: The Week in Regulation
74 new regulations, from non-toxic ammunition to shrimp electronic logbooks.
USA Today
We all need a fresh start in 2014
Another change? We need to stop the avalanche of regulations that are slowing our recovery. The Competitive Enterprise Institute (CEI) reports that government agencies issued…
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A New Year of Regulation: Obama’s Record-Setting Federal Register
[caption id="attachment_72593" align="alignleft" width="168"] Duly Enacted Laws vs. Unaccountable Regulation. The Federal Register runs wild. The federal government spends heavily; it also regulates heavily.[/caption] The Federal…
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Target Breach — Are Dodd-Frank “Swipe Fee” Price Controls to Blame?
Target wants you to know it is oh-so-sorry for any inconvenience its data SNAFU (as OpenMarket is a family blog, please look up the…
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