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
Ten Thousand Commandments 2026 is out now
Today is release day for this year’s edition of Wayne Crews’ Ten Thousand Commandments. This year also marks the 30th anniversary of CEI’s first…
Blog
Free the Economy podcast: Consumer-regulated energy with Travis Fisher
In this week’s episode we cover economic growth in China, the political legacy of Viktor Orban in Hungary, and the one-year…
News Release
Report: Regulations cost $2 trillion annually, but only Congress can fix the problem
The Competitive Enterprise Institute today released its annual report documenting the vast burden that federal regulations impose on American businesses and citizens. “Government regulations continue to cost Americans more…
Search Posts
Blog
Getting Rid of #NeverNeeded Regulations Hindering Coronavirus Response
What can Washington do to minimize harm from the coronavirus? Some of the best policy responses are coming not from imposing new regulations, but from…
Blog
This Week in Ridiculous Regulations
It was a rough week. Coronavirus infections and deaths continued to climb. Wall Street is officially in a bear market, and Congress and President Trump…
Blog
As Supreme Court Debates CFPB Constitutionality, Agency Accountability Hangs in the Balance
The Supreme Court heard oral arguments last week over the constitutionality of the Consumer Financial Protection Bureau and whether, as currently structured, it is too…
The Washington Times
Applying the Lenten Season to the World of Politics and Government
February 26 marked the beginning of Lent, a penitential time of 40 days in the Christian calendar in which we reflect on our mortality and…
Blog
This Week in Ridiculous Regulations
Coronavirus continued to spread, the Democratic presidential field significantly narrowed, and the former head of the UAW was charged with embezzlement. Meanwhile, agencies issued new…
Blog
A One-Stop Executive Order 13891 Guidance Document Portal
If agencies are required to compile and list all their sub-regulatory guidance documents and post, link and consistently index them on a portal, can we…
Blog
EPA, Interior, and other Federal Agencies Post Guidance Documents on Searchable Websites
On February 28, the EPA and other federal agencies posted all their guidance documents on searchable websites, complying with an OMB deadline to implement Executive…
Blog
This Week in Ridiculous Regulations
The coronavirus outbreak began to infect financial markets as well as people, with stock markets having their worst week since at least 2008. The number…
Blog
This Week in Ridiculous Regulations
During the four-day week, Lawrence Tesler passed away. The underappreciated inventor created the cut, copy, and paste functions on computers. The Hair Club for Men…
Forbes
We’re Not Biased, We’re Liberals: How Cultural Leftism Will Slant Social Media Regulation
As debates over bias, harm, misinformation and election interference on social media unfold, it will be interesting to watch whether or not mainstream media opposes…
Blog
This Week in Ridiculous Regulations
Spring Training began for all 30 Major League Baseball teams, bringing joy across the nation. Meanwhile, agencies issued new final regulations ranging from grains ounce…
Forbes
We’re Not Biased, We’re Liberals: How Cultural Leftism Will Slant Social Media Regulation
“Water? What’s water?” —The fish As debates over bias, harm, misinformation and election interference on social media unfold, it will be interesting to…
Blog
A Partial Inventory of Federal Agency Guidance Documents Before Trump’s Official Compendium Comes Due
Reporting on "regulatory dark matter" is still falling short.
Washington Examiner
Trump: Slashing Regulations Boosted Economy More Than Tax Cuts
Washington Examiner cites senior fellow Clyde Wayne Crews on Trump-era regulations: What’s more, CEI’s Clyde Wayne Crews reported that the administration issued…
Washington Examiner
One Nation, Ungovernable: Trump White House Releases Fiscal Year 2021 Federal Budget
There has not been a federal budget surplus since Bill Clinton was president. Not long ago, President Trump’s New Foundation for American…
Blog
This Week in Ridiculous Regulations
The impeachment trial ended the way everyone expected, the State of the Union address happened, and the coronavirus outbreak intensified. Agencies issued new final regulations…
Blog
This Week in Ridiculous Regulations
The impeachment trial continued, Brexit happened, President Trump signed the USMCA trade agreement, and the 2020 Federal Register topped 5,000 pages. Agencies issued new final…
Blog
This Week in Ridiculous Regulations
The Federal Register had a four-day week due to Martin Luther King Day, but agencies still found time to issue new final regulations ranging from…
Blog
This Week in Ridiculous Regulations
In a busy week, President Trump signed Phase One of a trade agreement with China on Wednesday. On Thursday, the Senate ratified the USMCA trade…
Issues & Insights
Why Trump’s Dishwasher Diatribe Matters
Issues & Insights cites CEI’s dishwasher petition to the DOE: The Competitive Enterprise Institute compiled data on dishwasher cycle times since 1983, using numbers…
Blog
Despite Naysayers, Consumer Finance Panelists are Uniquely Qualified to Tackle Barriers to Financial Inclusion
Last week, the Consumer Financial Protection announced the membership of the newly created Taskforce on Federal Consumer Financial Law, which will work to “harmonize and…
Blog
This Week in Ridiculous Regulations
The new year started off with a literal bang, though as of this writing the worst Iran scenario seems to have been avoided. The Senate…
Blog
This Week in Ridiculous Regulations
Happy New Year, everyone. We’re doing a slightly different format this week, on account of the new year starting mid-week. With just two days’ worth…
Issues & Insights
Trump White House Quietly Releases Overdue Regulatory Cost-Benefit Reports
The long-standing presumption that national top-down regulation of the economy from Washington brings substantial net benefits dominates public policy. But how much timely review of federal…
USA Today
Has Trump Fulfilled His Pledge to Turbocharge Job Growth, Revive Manufacturing? Many Say No
USA Today cites CEI on regulatory reform and the Trump administration: The Trump administration has scrapped dozens of environmental, labor, financial and other…
The Washington Examiner
Unconstitutionality Index: Swamp Imposed 20 Regulations for Every Law over Decade
The Washington Examiner cites Vice President for Policy Clyde Wayne Crews on the “Unconstitutionality Index.” In detailing his “Unconstitutionality Index,” Clyde…
Forbes
Trump’ Year In Regulation, 2019
Today, Tuesday, December 31, 2019, is the last federal workday of the year. This presents an opportunity to review the heft of the Federal Register and its…
Forbes
The 2020 Unconstitutionality Index: 28 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation (see my 2019 overview), the number of rules from hundreds of federal agencies …
Blog
How Much Federal Regulation Was There in 2019?
Happy New Year, everyone. Now that 2019 is in the books, we have some data on how much new regulation hit the books. Note that…
Blog
This Week in Ridiculous Regulations
Federal workers got a three-day week as a Christmas present this year. Agencies still put out 323 notices, 50 proposed regulations, and 1,342 Federal Register…
Blog
This Week in Ridiculous Regulations
Congress finished the year with a bang. In a two day span the House impeached the president and passed the USMCA trade agreement. Both chambers…
Blog
Sugarplums or Lumps of Coal? White House’s 192 Big Rules in Pipeline Herald More Regulation than Deregulation
No matter the presidential administration, every year there are thousands of federal rules and regulations compared to a relative handful of laws passed by Congress.
Blog
What Regulations Did Trump Administration Add in 2019?
The Trump administration recently issued “Regulatory Reform Results for Fiscal Year 2019.” This is its fiscal year 2019 status update on the one-in, two-out directive initiated in Executive…
Blog
This Week in Ridiculous Regulations
Britain held a major election, and the U.S. House of Representatives is set to impeach President Trump. At the same time, Trump is poised for…
Blog
This Week in Ridiculous Regulations
The House began preparing articles of impeachment, President Trump announced new tariffs against three allies, a NATO summit was surprisingly contentious, and the federal government…
Blog
What Regulations Did the Trump Administration Eliminate in 2019?
The Trump administration has issued its fiscal year 2019 status update on one-in, two-out. It’s called “Regulatory Reform Results for Fiscal Year 2019.” According to…
The Wall Street Journal
A Republican Proposal to Feed the Country to the Swamp
Progressives dream of making the District of Columbia into a state, but now a pair of Republican senators have the same vision reflected through a…
Blog
This Week in Ridiculous Regulations
While the nation celebrated Thanksgiving with family and friends, rulemaking agencies published new regulations ranging from almond information to missile accidents.
Blog
This Week in Ridiculous Regulations
Congress averted a government shutdown until December 20th by passing a continuing resolution. The Fall 2019 Unified Agenda was also released, which compiles all rulemaking…
Blog
Trump Regulatory Reform Agenda By the Numbers: End of One-In, Two-Out?
The Trump administration has released the Fall 2019 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions. Late and incomplete compared to the last…
Blog
This Week in Ridiculous Regulations
The 2019 Federal Register has already exceeded its page count during President Trump’s first year in office, with more than a month to spare and…
Blog
Ex-Im Reauthorization Vote Today in the House
The House of Representatives will vote on reauthorizing the Export-Import Bank today. Even if Ex-Im is reauthorized, the fight over it has already yielded a…
Forbes
Helicopter Government? How the Internet of Things Enables Pushbutton Regulation from a Distance
Artificial intelligence can be curiously stupid. My Android phone still thinks I’m “wing Cruz” and doesn’t know my kids. Pandora overplays The Church and Deadmau5…
Blog
This Week in Ridiculous Regulations
The number of new regulations this year passed 2,500 last week, and the Federal Register surpassed 60,000 pages. This week could see big news on…
Blog
VIDEO: Growth and Opportunity in the Beehive State
I’ve been interested in the work at the Center for Growth and Opportunity (CGO) at Utah State University for some time now, and I was…
News Release
CEI Urges Opposition of S. 2754, the “American Innovation and Manufacturing Act of 2019”
In response to the introduction of this bill, CEI Senior Fellow Ben Lieberman said: …
Blog
This Week in Ridiculous Regulations
Washington had one of its best weeks in recent memory. The Nationals won the World Series, and Congress is taking the next two weeks off.
Blog
The Unmeasured Costs of Federal Agency Liberation from Congress, Self-Funding, and Permanence
In considering the overall costs of regulation, little attention is given to the intractability of the administrative state itself. Congress shows little appetite for restraining…
Blog
Spooky Halloween Regulations
Halloween is this week. That means costumes, spooky decorations, trick-or-treating, and pumpkin spice everything. The Code of Federal Regulations contains several rules to keep everything…
The Epoch Times
Sen. Hawley, Blackburn Propose Massive Relocation of Federal Departments, Agencies
The Epoch Times cites Vice President for Policy Wayne Crews on Ten Thousand Commandments: Exactly how many federal departments, independent agencies,…
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