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: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
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TRIB Live
Ten Thousand Commandments and Government Regulations
Newsletter
Expensive Regulations, Fannie Mae Bailout and Baseball Stadiums
Americans for Tax Reform marks the annual “Cost of Government Day.” Plans to spend billions of taxpayer dollars to rescue mortgage companies Fannie Mae and…
Newsletter
Banking Crisis, Globalization and Internet Poker
Federal officials charge that a letter from Sen. Chuck Schumer sparked the run on deposits that triggered the second-largest bank collapse in U.S. history this…
News Release
Cost of Gov’t Day Includes $1.16 Trillion in Regulations
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Newsletter
The Cost of Government, Cell Phone Fees and the Housing Bailout
American for Tax Reform prepares to observe “Cost of Government Day.” Verizon settles a lawsuit over its “early termination” fees for mobile phone customers. The…
News Release
Cost of Federal Regulation Grew to $1.16 Trillion
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Study
Ten Thousand Commandments
CEI's Annual Snapshot of the Federal Regulatory State…
Products
CEI Planet: April – May 2008
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: The New…
Newsletter
The FCC Goes Local, Economic Woes and Gun Rights
Senators express concern over proposed FCC localism regulations. The U.S. economy avoids recession status with modest growth in the first quarter of 2008. A federal…
TRIB Live
Cementing Ecuador’s Poverty by Decree
During my pro-mining mission to Ecuador weeks ago, I visited the Tres Chorreras exploration project and witnessed how a single company can…
News Release
“Future of the Internet” at Stake in Senate
Tomorrow the Senate Commerce Committee assesses “The Future of the Internet.” Among the most controversial issues is proposed federal regulation of broadband network…
Op-Eds
Police Those Credit Cards
The burdensome, patronizing, new credit card regulations proposed in the wildly misnamed “Credit Cardholders Bill of Rights” will hurt just about every…
News Release
CEI Takes on Unconstitutional Agency in Court
Today, as Americans scurried to get their tax forms into the IRS, the D.C. Circuit Court of Appeals heard arguments about another agency that…
Newsletter
Financial Regulations, Greenhouse Gases and Microsoft’s Bid for Yahoo
The Treasury Department’s “blueprint” for overhauling financial regulation faces strong opposition. State governments across the country pledge to reduce greenhouse gas emissions. News Corp. considers…
News Release
New Financial Regulations Will Expand Bureaucracy
In a new study released this week, Competitive Enterprise Institute scholars size up the Treasury Department’s recent proposal to restructure the way…
Newsletter
The Fed, Biotech Crops and Mortgage Bailouts
Treasury Secretary Henry Paulson officially announces a plan to reform oversight of financial markets. Research into genetically modified crops gets a boost in India. President…
Newsletter
Paulson’s Plan, International Competition and New Leadership at FTC
Treasury Secretary Henry Paulson’s plan to reform oversight of financial markets sparks intense debate. U.S. capital markets lose ground to international competitors. President Bush appoints…
News Release
CEI Opposes Broad New Powers for Federal Reserve
Treasury Secretary Henry Paulson today unveiled a plan for restructuring the federal role in regulating financial institutions. The blueprint contains good recommendations on…
TRIB Live
5 Absurd Product Bans
TRIB Live
Economic Stimulus
Op-Eds
Less is More
Wayne Crews tells us that while we need control of the fiscal state–but just as badly we need to rein in the regulatory state.
TRIB Live
the Possibility of a Recession
Op-Eds
Freedom and its Digital Discontents
John Berlau, director of CEI's Center for Entrepreneurship, debates Sarbanes-Oxley in the Economist…
TRIB Live
Dumb Product Bans
Study
First Steps toward Restoring Florida’s Insurance Market
Full Document Available in PDF As Florida’s Legislature proceeds with its…
Newsletter
Banned Products, Hybrid Cars and Discrimination Lawsuits
Issues in the News 1. POLITICS Virginia residents object to a law banning the sale of sangria, even in…
Newsletter
The Supreme Court, William F. Buckley, Jr. and Bernanke on the Economy
The Supreme Court-- pro business?…
Study
The Five Dumbest Product Bans
This paper focuses on five clearly absurd product bans that seem to serve no social good.
News Release
Economic “Stimulus” Policies Trapped in the Past
Washington, D.C., February 21, 2008 — The economic stimulus package recently passed by Congress and signed by President Bush will do little to improve…
Study
Still Stimulating Like It’s 1999
Full Document Available in PDF Facing an economic…
News Release
Stimulus Package Not the Path to Economic Recovery
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 14, 2008—This week President Bush signed a $168 billion economic stimulus package. Unfortunately for…
News Release
Bush Budget Ignores Hidden Costs
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 4, 2008—The White House has released President Bush’s budget for the federal government,…
Op-Eds
Comcast in the Crosshairs
Despite Comcast's ascendancy, the cable provider remains vulnerable - yet its greatest threat is not from Baby-Bell competitors but from lawmakers in Washington, D.C.
Op-Eds
Romney Had a Hammer
Mitt Romney’s surprisingly decisive victory in Michigan kept him in the race for the Republican nomination, but he wasn’t the only one Tuesday night…
Study
Regulatory Competition: A Primer
Full Document Available in PDF Government regulation is often perceived as a good way to…
Op-Eds
Opposing view: Plan Hurts Future Borrowers
The government sure has a funny prescription for restoring confidence in America's credit markets. It purports to solve the nation's credit crunch — a…
Study
The Credit Union Regulatory Improvement Act
Full Document Available in PDF This paper provides a free market perspective on…
News Release
New Video: Cheers to Repeal Day!
Washington, D.C., December 4, 2007—The Bureaucrash Activist Network is releasing a new video just in time to celebrate the repeal of Prohibition…
Newsletter
CEI Daily Update
Issues in the News 1. HEALTH New drug approvals by the Food and Drug Administration decline dramatically. CEI Expert Available to Comment: Adjunct Scholar…
News Release
Congress Moves to Restrict Access to Home Loans
Washington, D.C., November 15, 2007—Today the U.S. House of Representatives will likely pass a new law that would limit access to home mortgages in…
Op-Eds
This just in
Mark Allen’s "FCC should face reality" [guest commentary, Nov. 8] rightly points out the negative effects of the FCC’s media-ownership rules. One not…
Op-Eds
The Subprime FHA
After two months of economic jitters over bad lending decisions, it looks as if the credit markets may have turned a corner. The stock…
Newsletter
CEI Daily Update
Issues in the News 1. TECHNOLOGY Cities across the country cancel…
News Release
Credit Union Deregulation Could Help Small Businesses
Washington, D.C., September 19, 2007—If Congress moves to de-regulate credit union business lending, it would help some selected categories of small businesses, according to…
Op-Eds
Bush’s Credit Issues
In the midst of what’s called the subprime mortgage “contagion,” President Bush seems to have caught a virus of his own: Potomac paternalism syndrome.
News Release
Will Overregulation Kill Land Line Telephones?
Contact: Christine Hall, 202.331.2258 Washington, D.C., September 6, 2007—Americans are ditching their land line phones for cell phones in favor of mobile…
Newsletter
Issues in the News<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> 1. HEALTH AND SAFETY A recent…
News Release
Environmental Regulation, Laws Grow Unchecked
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Christine Hall, 202.331.2258…
Study
The Green Regulatory State
Full Document Available in PDF Over the years, the environmental lobby has advanced a considerable…
News Release
Flood Insurance Stymied by Federal Government
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Christine…
Op-Eds
CEOs, Like Athletes, Compensated For Their Successful Performances
I am by no means a sports fanatic, but there are times I wish that typical business stories would be more like sports…
Newsletter
CEI Daily Update
Issues in the News 1. FINANCE Federal Reserve chairman Ben Bernanke testifies before Congress on the alleged abuse of “subprime” loans. …
News Release
New Study Charts the Growth of Environmental Law
Washington, D.C., July 17, 2007—According to a new study from the Competitive Enterprise Institute, the conventional idea that progressive environmental causes suffer under conservative…
Newsletter
CEI Daily Update
Issues in the News 1. HEALTH California officials issue a West Nile virus public health alert. CEI Expert Available to Comment:…
Newsletter
CEI Daily Update
Issues in the News 1. ECONOMICS The federal budget deficit drops to $205 billion…
Newsletter
CEI Daily Update
Issues in the News 1. Environment Al Gore’s “Live Earth” concert series will host a previously cancelled performance this…
News Release
Stringent Government Rules Can Turn Deadly
Study
Ten Thousand Commandments 2007
Executive Summary…
Study
The Flexibility Solution
Full Document Available in PDF America has not done enough to protect the networks of…
Op-Eds
Washington’s Ten Thousand Commandments
Congress is currently considering the president's proposed $2.9 trillion federal budget. While federal spending consumes an awesome 20% of nation's GDP, the budget process at…
Newsletter
Cooler Heads Digest
1. The Week in Global Warming News 2. CEI's Insider Information 3. Issue of the Week: Appliance Efficiency Standards4.
Newsletter
CEI Daily Update
Issues in the News 1.Legal The Supreme Court rules against Philip Morris as part of an on-going legal fight…
Study
Will Repealing the Federal Insurance Antitrust Exemption Help Or Hurt Consumers?
Full Document Available in PDF If…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL Al Gore emerges as the leading contender to win the next Nobel…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONSUMER The Washington Post reports on CEI’s campaign to protest substandard appliances resulting from energy efficiency mandates. 2.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY Oil giant BP shuts down a quarter of its Alaskan production due to…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONSUMER CEI launches a campaign to protest substandard appliances resulting from energy efficiency…
News Release
Federal Efficiency Rules Ruin Washing Machines
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., May 7, 2007—New findings by Consumer Reports on washing machines demonstrate that their performance…
News Release
Senate Takes on Fuel Economy Regulations
Washington, D.C., May 3, 2007—Members of the Senate will hear testimony today on the effects of the federal government’s fuel economy regulations, but…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A new survey finds many Americans concerned about global warming but unwilling to accept the recommendation of…
News Release
Supreme Court Ruling Lifts Onerous Bank Regulations
Contact: Christine Hall, 202-331-2258 Washington, D.C., April 17, 2007—Today the U.S. Supreme Court ruled that federal law, not state law, controls regulation of mortgage lending…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Parents in the UK object to the government's plan to distribute copies of Al Gore's…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues In the News: 1. REGULATING THE REGULATORSSupreme Court Tells EPA to Re-Consider its Decision Not to Regulate C02…
News Release
Constitutional Challenge to Sarbanes-Oxley Accounting Board Dismissed
District Court order and opinion available for download…
Op-Eds
Solving the Safe Sledding Crisis
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Washington – In response to the ice storm which recently swept through…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The nation’s largest dairy company declines to use milk from cloned cows. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TRADE President Bush plans to ask Congress to grant him renewed “fast track” authority to…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT International security analysts predict that climate change could exacerbate violent conflicts around the world.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Connecticut Attorney General Richard Blumenthal investigates denial-of-coverage complaints against major insurance companies.
News Release
“Terrible Ten” State Attorneys General Profiled in New Study
Contact: Christine Hall, 202.331.2258 Washington, D.C., January 24, 2007—A new CEI study of abuse of power by state attorneys general singles out…
News Release
How Will Congress Respond to the State of the Union?
Contact: Richard Morrison, 202.331.2273…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The Senate takes up legislation raising the minimum wage.
Op-Eds
Oh Boy, Alberto
If you were watching the Senate Judiciary Committee hearings Thursday, chances are you didn't see it coming. Senator Arlen Specter was questioning Attorney…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News TECHNOLOGY Microsoft announces it will release its newest operating system, Windows Vista, on January 30th. CEI Expert…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The House of Representative approves legislation requiring the government to negotiate lower…
Op-Eds
You Try Living with Ed’s Wife
Ed Begley Jr. had an image problem. Hollywood is lousy with so-called activists, but he's a genuine back-to-the-land environmentalist and something of a…
Letters
We oppose negotiations on Medicare Part D drug prices
We are deeply concerned about proposed legislation that would lead to negotiation of pharmaceutical prices by the federal government for the new Medicare Part…
Study
A Free Market Agenda for the 110th Congress
Washington, D.C., January 10, 2007—Today the Competitive Enterprise Institute releases its policy recommendations for the new leadership on Capitol Hill: This Liberal Congress Went to…
Study
This Liberal Congress Went to Market: a Bipartisan Policy Agenda for the 110th Congress
DO…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The House of Representatives meets today to debate an increase in the…
News Release
A Free Market Agenda for the 110th Congress
Contact: Richard Morrison, 202.331.2273 Washington, D.C., January 10, 2007—Today the Competitive Enterprise Institute releases its policy recommendations for the new leadership…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS Unions leaders mingle with celebrities and politicians as Democrats celebrate their return…
Op-Eds
Big Labor’s Agenda for the 110th Congress, Part I: The Minimum Wage
This month the first session of the 110th Congress begins with Democrats in control of both chambers for the first time since 1994. Control…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS Democratic leaders in Congress begin work on their first 100 hour agenda.
Op-Eds
Democrats: There Is Such a Thing as Too Much Regulation
As Democrats take power in Congress, speculation has swirled around the question of why Republicans lost. But there is a factor – a…
News Release
District Smoking Ban Threatens Economic Liberty
Contact: Christine Hall, (202) 331-2258 Washington, D.C., January 2, 2007 – The District of Columbia today became the newest city in…
Op-Eds
Ford Tough
Most obituarists portrayed President Gerald Ford as a humble man with few ambitions, a great conciliator, a political moderate, an all around nice…
Op-Eds
Stop Bushing the Envelope
President Bush has several strengths, but negotiating with Congress isn't one of them. He wants to come across as the Goldilocks president. As he said…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News FINANCIAL REGULATION A U.S. District Court hears arguments in the Competitive Enterprise Institute and Free Enterprise Fund’s…
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