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
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…
Blog
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…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
Search Posts
Blog
TSA Pats Down Infant
Surprisingly, no explosives were found during extra screening, including what a TSA official describes as a "modified pat-down" of the suspicious infant.
Blog
Who’s Afraid of Walmart?
As surely as summer follows spring, it seems like every new Walmart store opening announcement in a major city is now followed by protests. The…
Blog
Hormones in Milk: They Do a Body Good
Today's Washington Post Food section contains a number of articles following up on the Post's "The Future…
Blog
Regulation of the Day 173: Yellow Pages
San Francisco is phasing out the distribution of hard-copy Yellow Pages.
Blog
Time to Recharter Executive Agencies
Several government agencies are mightier today than traditional departments like the Treasury. For instance, the EPA is one of the major regulatory bodies and…
Blog
The FCC is Broken
A new report in The Hill notes House Republicans’ concern over “dysfunction” at the Federal Communications Commission (FCC) and the need for overhaul. Their…
Op-Eds
When Washington Fails a Cost-Benefit Test
Today I’m pretending I’m a bureaucrat, and I’ve decided you shouldn’t do backflips on a pogo stick. Also, nousing a pogo…
American Spectator
Congressional Economics
The House of Representatives is not exactly a bastion of economic knowledge. But it can be a goldmine for economic educators if they know where…
Blog
Alcohol Regulation Roundup: May 9, 2011
While some states seem to never change at all, this Monday's Alcohol Regulation Roundup highlights some pleasant possibilities on the horizon.
Blog
Clinic for Porn Actors Closes, AIDS Group Rejoices
After years of the AIDS Healthcare Foundation trashing them in the media, the Adult Industry Medical Foundation (aka AIM) has closed its doors for good,…
Blog
Regulation of the Day 172: Bestiality and Baggy Pants
NBC Miami's Brian Hamacher with the second-best lede I've read this week: "Floridians are going to have to start pulling up their pants and stop…
Blog
CEI Podcast for May 5, 2011: Salt
A new study says that high-salt diets may not be as harmful as once thought. Research Associate Daniel Compton takes a look.
Blog
Prince Charles Says, “Let Them Eat Organic”
HRH the Prince of Wales delivered the keynote address at The Washington Post's "Future of Food" conference yesterday at Georgetown University.
Blog
It’s Nothing Death, Poverty, and Ignorance Can’t Fix
The New York Times “Room for Debate” frets today about overpopulation (h/t Don Boudreaux). Julian Simon and liberty have long since come…
Blog
Regulation of the Day 171: Cream Puffs
This blog will be paying close attention to the heated legislative battle in Madison to give the delicious cream puff its due.
Blog
Union Health Dependent on Obamacare
The Obama administration through Obamacare (Patient Protection and Affordable Care Act) steadily gives competitive advantages to Big Labor. Benefits for top political donors of the…
American Spectator
Under Obama, Running Out of Money Is a Success
Only in Washington would running out of money and prematurely limiting a program be considered a success. This Friday (May 6,) Obamacare’s first handout program…
Daily Caller
Free Trade Agreements Don’t Kill Jobs
The U.S. is slowly working towards free trade agreements with Colombia, Panama, and South Korea. After years of wrangling, they might even pass this…
Blog
D.C. Councilmembers Propose Taxicab Medallion System… Again
Washington, D.C., is one of the five taxicab jurisdictions in the country that allows for essentially free entry. While the cab situation in D.C. is…
Blog
“Ten Thousand Commandments” on Capitol Hill
Regulatory reform is at least as important as spending, taxes, and deficits, but it doesn’t get nearly as much attention. That’s why we are pleased…
Blog
Regulation of the Day 170: Kinder Eggs
Kinder eggs are a type of candy that enjoys worldwide popularity. They are also illegal in the United States.
News Release
House Subcommittee Addresses High Costs of Regulations
Washington, D.C. May 3, 2011 – Tomorrow, the House Judiciary Committee’s Subcommittee on Courts, Commercial and Administrative Law will hold a hearing on “Cost-Justifying…
Roll Call
Federal Rules Fight Sparks Reunion
Roll Call discusses the costs of federal regulation with Wayne Crews. Wayne Crews, vice president for policy at the Competitive Enterprise Institute, just…
Blog
Regulation of the Day 169: Singing “Kung-Fu Fighting”
A British man was arrested for singing the 1970s hit “Kung-Fu Fighting”.
Roll Call
Ten Thousand Commandments: How Much Regulation Is Enough?
President Barack Obama’s recent federal budget proposal for fiscal year 2012 sought $3.729 trillion in discretionary, entitlement and interest spending. For reference, George W. Bush…
Blog
Regulation of the Day 168: When Chickens Mate
In Hopewell Township, New Jersey, chickens are only allowed to mate on 10 pre-selected days per year.
Blog
Obama Subsidizes Job-Killing Outsourcing, While Attacking Job-Creating Outsourcing
In his 2008 campaign, Obama demagogued about “outsourcing,” but his own policies have outsourced thousands of American jobs, at taxpayer expense, as I…
Blog
Substantive Reform Must Include Cutting Regulatory Burdens
In today's Investor's Business Daily, Wayne Crews and I argue that reformers shouldn't forget about regulation:…
Blog
Faulty Public Pension Accounting: A Problem too Big to Ignore
One reason the ongoing debate over collective bargaining for government employees has been so loud is that the stakes are so high -- for unionized…
Blog
Supreme Court Refuses the Speedier Route for Health Care Appeal
Monday morning the Supreme Court rejected Virginia Attorney General Ken Cuccinelli's request to speed up the process for a ruling on Virginia's health care appeal.
Blog
Alcohol Regulation Roundup: April 27, 2011
National: Seventeen state attorneys general are asking Pabst Brewing Co. to lessen the alcohol content of its new “Blast” product. Blast, the 12 percent…
Investors' Business Daily
Regulation Cuts Must Be Part Of Serious Reform
Spending reform is all the rage in Washington, with both parties offering proposals to rein in the deficit. President Obama has proposed a mix…
Blog
Regulation: The Hidden Tax
Wayne Crews and I have a piece in today's Sacramento Bee summarizing the main findings of Wayne's "Ten Thousand Commandments" study.
Investors' Business Daily
Obama’s $5 Billion Giveaway
Instead of giving campaign-style speeches about raising taxes and increasing the debt limit, President Obama should be focusing on cutting needless programs that do nothing…
Investors' Business Daily
Chris Horner on New Regulations for Icemakers
CEI Senior Fellow Chris Horner discusses the proposed Department of Energy regulations to mandate increased “energy efficiency” for icemakers…
The Sacramento Bee
Regulation: The Hidden Tax
Appeared: The Sacramento Bee, …
Blog
Paul Ryan Attacked Because His Father Died Early, Resulting in Survivor Benefits
At the age of 16, Congressman Paul Ryan (R-Wis.) suffered the death of his 55-year-old father. Because of his father’s early death, the government made…
Blog
Biofuels Policy — Death and Disease Follow
The inestimable Indur Goklany has an important new report on biofuels and developing countries. “Could Biofuel Policies Increase Death and Disease in Developing Countries?”…
Statesman
Texas Lawmakers Should Reject a Tax on Satellite TV
No one likes new taxes especially ones that don't make sense. Unfortunately, politicians never seem to learn this simple lesson. Lawmakers in Austin are…
Products
Fran Smith’s Briefing Sponsored by the Congressional Sugar Reform Caucus
Sugar program is sweet for farmers, bitter for consumers…
Blog
Icemakers: Mankind’s Doom
An article at Time explains "How the Ice in Your Drink is Imperiling the Planet," and what regulators are doing about it.
Statesman
The Midnight Ride of Standard & Poor’s
Three cheers for Standard & Poor’s (S&P). On Monday, the rating agency issued a critical warning that America’s debt burden is growing too great. By…
NCPA
Regulation Day
National Center for Policy Analysis discusses regulation costs with Iain Murray and references Wayne Crews's study. Every year we are reminded how much…
Blog
A Market Failure in Air Traffic Control?
Air traffic control is simply too important an issue to leave to the free market. It is time to put the government in charge of…
NCPA
The ‘hidden tax’: Report estimates regulation costs economy $1.75 trillion
Washington Times
Red tape recession
The Washington Times reports on Wayne Crews's study on the federal regulatory burden. On Monday, the Competitive Enterprise Institute (CEI) released its analysis…
Newsmax
Hidden Tax’: Govt Rules Cost Economy Nearly $2 Trillion
Newsmax reports on Wayne Crews's study on the size of the federal regulatory burden. Even as politicians and pundits debate taxes and spending —…
Blog
Ten Thousand Commandments
The 2011 edition of Wayne Crews’ “Ten Thousand Commandments” was released today. The annual study gives a big-picture view of the regulatory state. You can…
The American Spectator
How Regulations Add to the Cost of Government
As many of us rush to finish filling out our tax returns, we should remember that what we pay out in taxes — and how…
Washington Examiner
Regulations are Politicians’ (and Lobbyists’) Best Friends
The annual ritual of calculating taxes and rushing to file is upon us today. And it is hardly news that the ever-increasing complexity of 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