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
The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
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…
Search Posts
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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…
Op-Eds
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…
Citation
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…
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