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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Op-Eds
Bad Politics at a Minimum
It's a cliche of politics that the name of a proposed bill or initiative depends largely on its name. (More on this later.)It's…
Op-Eds
Will Democrats Kill Their Golden Goose?
To the naked eye, a hike in the federal minimum wage looks like a done deal. Speaker-designate Nancy Pelosi will include it in the…
News Release
U.S. District Court to Hear Landmark Sarbanes-Oxley Case
MEDIA ADVISORY <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY Big technology companies lobby Washington for data privacy legislation. CEI Experts Available…
Op-Eds
Time for a virtual games Declaration of Independence
Some say online virtual reality operations like “Second Life” have attained the stage of evolution that blogging and the Net itself occupied several…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL The European Union approves a new law, known as “REACH,” regulating the manufacture…
News Release
SEC Drops the Ball on Sarbanes-Oxley
Contact: Richard Morrison, 202.331.2273 Washington, D.C., December 13, 2006—The Competitive Enterprise Institute today criticized the Securities and Exchange Commission for failing to provide meaningful…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The Food and Drug Administration announces a plan to speed up access to…
Op-Eds
Should We Restrict Ourselves to the War of Ideas?
Economic liberalism faces a multi-front assault, an assault that has been underway for decades but that has intensified in recent years. As discussed in the…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY Tech companies lobby for federal data privacy regulation. CEI Expert Available to Comment: Vice President…
Op-Eds
New York City Bans Science
The New York City Board of Health this week banned the use of trans fats by restaurants. The decision is directly traceable back to…
Op-Eds
Freedom Fighter
The war to advance economic liberty will last forever. The effort is frustrating and often discouraging. Many freedom fighters burn out, retire from the field,…
Op-Eds
The Case Against Racial ‘Balancing’ Schemes
The editorial “A Different Race Case” argued that Seattle’s use of race in assigning students to schools should be upheld by the Supreme Court…
News Release
New Book ECO-FREAKS Reveals Destructive Environmental Agenda
Contacts: Peter Nasaw, (212) 966-4600, Christine Hall, (202) 331-2258 Washington, D.C., November 28, 2006—Rachael Carson’s Silent Spring advice actually killed…
Op-Eds
Al Gore is Captain Planet
The DVD version of Al Gore’s An Inconvenient Truth is released this week. In addition to the movie, the DVD will feature a…
Op-Eds
Unhappy Days Are Here Again
“The American people voted for change and they voted for Democrats to take our country in a new direction,” said a triumphant Nancy…
Op-Eds
Friedman’s Legacy
Though I never met him, Milton Friedman, who has died aged 94, was one of the earliest influences on my political development. In…
Op-Eds
The Unboring Pundit
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> John Tierney's Tuesday column began innocently enough. He…
News Release
Election Wins for Sarbanes-Oxley Reform
Washington, D.C., November 14, 2006—Reform of the onerous Sarbanes-Oxley accounting mandates was a winning issue for Democratic and Republican candidates in the election of 2006,…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. BUSINESS Representatives of corporate America convene in New York to talk about “social responsibility.”…
Op-Eds
Lifestyles of the Ethical Consumer
Recently, the celebrity gossip blog, DMZ, took a swipe at celebrities “who claim they’re green, but guzzle gas”. George Clooney, among others,…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. POLITICS Democrats win control of the House of Representatives. CEI Expert Available…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY Verizon and YouTube near a deal to bring web videos to cell…
News Release
Are Republicans and Democrats Really That Different?
Contact: Richard Morrison, 202.331.2273…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Delegates to a United Nations global warming conference defend the U.S. record…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL The Supreme Court agrees to examine whether public employee unions must obtain permission from members…
Op-Eds
Is Fairness Doctrine on Its Way Back?
This election season, much of the GOP’s difficulties stem from the disaffection of conservative talk radio. For the past two years, while supporting…
Op-Eds
And Now a Word From Our Critics
FridayBalance is an important conceit of American journalism. In the late nineteenth and early twentieth centuries, previously partisan newspapers edged toward respectability and…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A government report out of the UK predicts dire economic consequences from global…
Op-Eds
What’s the Doughboy Afraid Of?
WednesdayVermont is cold. That message will be repeated several times Wednesday night but it's bleeding obvious from the minute I step out of…
Op-Eds
Business Bankrolling of the Left
Big business primarily supports right-wing advocacy groups, right? Think again. A recent report from the Capital Research Center shows Fortune 100 corporate foundations…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News ENERGY Exxon Mobil reports second largest quarterly profit ever for a publicly traded U.S. company. …
Op-Eds
Rules of Ridicule
“Ridicule is man's most potent weapon,” says the fifth rule of Rules for Radicals: A Pragmatic Primer for Realistic Radicals, Saul Alinsky's classic…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. POLITICS State officials accuse Gov. Arnold Schwarzenegger of undermining recent legislation on greenhouse gas emissions. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SCIENCE The American Meteorological Society holds a congressional briefing, “Is Global Warming Impacting, or…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The FDA approves a new drug to treat severe cases of Alzheimer’s disease.
Op-Eds
Big business loses a buddy with Mark Foley resignation
WASHINGTON – We’re still figuring out who knew what and when about former Florida Rep. Mark Foley’s behavior toward pages, but the disgraced…
Op-Eds
A Nobel Prize For Pinpointing U.S. Greatness
America is now five for five in the Nobel Prizes this year. And the announcement of Edmund Phelps as the economics recipient is…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. BUSINESS The Justice Department approves the merger of AT&T and BellSouth Corp., leaving the decision…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. ENERGY…
Op-Eds
Petronoia
As the price of oil and gas rose to 1970s oil crisis levels over the past year, pundits flew out of the woodwork…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT The attorney general of California sues the world’s six largest automakers, alleging environmental…
Op-Eds
Aaron Sorkin VS. the Moralists
No one would ever accuse The West Wing of being anything but a defiantly liberal show. And in many ways, that was part…
Op-Eds
Credit card ricochet
“Partners in plunder.” That's how an intriguing new book describes the hidden relationship between big government and big business. <?xml:namespace prefix = o…
Op-Eds
The Ratings Game
It's a familiar experience for many moviegoers: You walk out of a theater scratching your head, wondering why a movie was given a…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. SAFETY A recent…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. Retail Politics The New York Times reports on Wal-Mart’s funding of research groups. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The Food and Drug Administration approves the first fully implantable artificial heart.
Op-Eds
Welcome to Washington, Wal-Mart
WASHINGTON – As liberal politicians, vocal unions and editorial pages argue that Wal-Mart underpays and mistreats its employees (The Boston Globe even implied that Wal-Mart…
Newsletter
The Competitive Enterprise Institute Daily Update
1. ECONOMY California’s new plan to restrict greenhouse gas emissions could prove costly. CEI Expert Available to Comment: Director of Energy…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Governor Arnold Schwarzenegger signs a bill to put mandatory caps on greenhouse gas…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. TECHNOLOGY…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HURRICANE KATRINA A recent survey of Hurricane Katrina survivors finds a renewed sense of…
Op-Eds
Turning MySpace into TheirSpace
Like a coffee shop or a mall, the Internet has evolved into a digital “third place,” a location we visit not only for…
News Release
New ‘Center for Entrepreneurship’ to Examine Financial Regulation
Contact: Christine Hall, 202.331.2258 Washington, D.C., August 24, 2006— The Competitive Enterprise Institute is proud to announce the launch of a new…
Op-Eds
Judicial Activism in Overdrive: Massachusetts, et al, v. EPA
August 31 is the deadline for filing the petitioners’ brief with the Supreme Court in Massachusetts et al. v. U.S. Environmental Protection Agency. Plaintiffs, who…
Products
“Two-Point-Eight-Trillion-Anything Is Scary”
The Competitive Enterprise Institute’s 2006 Annual Dinner and Reception paid homage to Hollywood. The evening, themed “A Night at the Movies,” featured P.J. O’Rourke,…
Products
Beware False Profits
The Evangelical Climate Initiative has issued “An Evangelical Call to Action” on global warming. Signed by 86 evangelical leaders, it calls for Evangelical Christians to…
Products
The Responsible Corporation
Does anybody believe that companies should be socially irresponsible? I don’t think so. The problem is that few people can seem to agree on…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH Congress considers a law to pre-empt states from requiring food safety warnings more stringent than…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TOBACCO A federal judge finds cigarette companies at fault for deceptive marketing. CEI Expert Available…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY Oil prices fall after a terrorist threat is stopped. CEI Expert Available to…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY BP management was warned of infrastructure decay several years before the company’s shut down…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. ENVIRONMENT…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY Oil prices hit a new spike amid continuing military and political unrest in…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News TRANSPORTATION New orders for Boeing could take a toll on its European rival, Airbus. …
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL British Prime Minister Tony Blair prepares to extradite three bankers to the U.S. to…
News Release
Who is Ripping Off U.S. Consumers?
Washington, D.C., July 11, 2006— When big business gets its way in Washington, the result is higher taxes, stricter regulation, and bigger government all…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Lorillard Tobacco Co. signs an agreement with over 30 states to curtail Internet…
Newsletter
The Competitive Enterprise Institute Daily Update
1. HEALTH The West Nile virus makes a comeback in the Midwest. CEI Expert Available to Comment: Director of Risk & Environmental…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News TRANSPORTATION A documentary about the development of the electric car hits movie theaters. CEI Expert…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. REGULATION President Bush urges adoption of the line item veto as a…
Study
Public Comment Regarding Proposed Risk Assessment Bulletin
June 15, 2006 Office of Information and Regulatory Affairs Office of Management and Budget 727 17th Street, N.W. New Executive Office Building, Room 10201 Washington,…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. LEGAL…
Letters
Letter to the FCC regarding “must carry” laws for cable operators
Full Document Available in PDF The undersigned organizations would…
Op-Eds
Get Rid of the High Places
In one of the least surprising developments of 2006, a Louisiana politician has been snared in a corruption scandal. Democratic Congressman William Jefferson has…
Op-Eds
Data Mismanagement
Members of Congress, both Republican and Democrat, now say that Sarbanes-Oxley can be unduly burdensome on business. The law that, in…
Op-Eds
The Responsible Corporation
Does anybody believe that companies should be socially irresponsible? I don’t think so. The problem is that few people seem to agree on…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. BUSINESS…
News Release
Statement on the Enron Verdict and Sarbanes-Oxley
Washington, D.C., May 26, 2006—Members of the Enron jury should be commended for their deliberative process. They carefully weighed the evidence involving complex accounting issues…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY The House of Representatives passes legislation that would open a portion of the…
Op-Eds
Schumer’s Way
Senator Schumer is on a roll. After coasting to an easy and well funded re-election in 2004, the senior senator from New York is…
News Release
CEI and Sugar Reform Alliance Urge Congress to Begin Reforming U.S. Sugar Regime
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., May 16, 2006— Consumer, taxpayer, humanitarian and public policy groups sent a letter today,…
News Release
CEI To Launch National Global Warming Ad Campaign
Contact: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252 [email protected] Washington,…
Op-Eds
Volatile Gases
The European emissions trading scheme (ETS) was launched with great fanfare last year. The idea was to require certain energy-intensive industries to have a…
Op-Eds
Harper Falls into the UNESCO Trap
Budgets and softwood lumber deals aren't Prime Minister Stephen Harper's only significant initiatives. On Friday, he followed through on an unfortunate promise he…
Op-Eds
The war hero vs. the bureaucrats
Pity poor Eddie Rickenbacker. His life so closely resembled the clichéd “American Dream,” that you can't blame him for buying into American mythology.
Products
New Era, or ‘Ancien Régime,’ for European Biotech?
The long-awaited World Trade Organization (WTO) decision on biotech food is due to be released this spring, but a leaked copy of the…
Products
Time to End Big Sugar’s Sweet Deal
Sugar is already shaping up to be a contentious issue in upcoming debates on the 2007 omnibus farm bill. The call for dismantling…
Products
Accountability, Power, and Our CAP Project
Violations of the Constitution come in all shapes and sizes. Many of you may be familiar with the Tobacco Master Settlement Agreement (MSA), which CEI…
Products
Animal Rights, Human Wrongs
Animal rights extremists—whom the FBI has labeled America’s biggest domestic terrorism threat—have encountered a number of serious reverses recently. These reverses are a great victory…
Products
CEI Planet: March – April 2006
Full Document Available in PDF New Era, or ‘Ancien Régime,’…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL State attorneys general ask the Supreme Court to step into a dispute over the states’ 1998…
Op-Eds
Corporate McSocial Responsibility
Fast-food gadfly Eric Schlosser has a new book out. Chew On This: Everything You Don’t Want to Know About Fast Food is Fast…
Letters
70% of Americans Say They Don’t Want the Government to Prepare Taxes for Them
Full Document Available in PDF Reps. Melissa Hart and Anna Eshoo have introduced H.R. 5114, the Tax Return Choice Act of 2006,…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. BUSINESS…
Study
Greening a Homeland Bureaucracy: Chemical Plant Security Issue Hijacked by Green Activists
Full Document Available in PDF Nearly…
News Release
‘Deadly Overcaution’ Biggest Danger to Public Health, Despite New Study on FDA
Contact:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252 Washington, D.C.,…
Op-Eds
Ex-Im: Boeing’s Bank Once More
The Export-Import Bank (Ex-Im), a federal agency that subsidizes U.S. exports primarily through loan guarantees, dedicated a majority of its guarantee dollars again…
Op-Eds
Sunset the FCC
Reforming telecommunications law is a favored subject in the halls of Congress this year. Hot issues include streamlining video franchising and addressing the "net…
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