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
This week in ridiculous regulations: Marine ingredients and tips
The reconciliation bill process was more chaotic than usual. There were more than 100 new regulations this week, and more than 800 agency notices. The…
Blog
Free the Economy podcast: Mortgage market analysis with Mark Calabria
In this week’s episode we cover weaponization of financial regulation, the Kroger-Albertsons merger, and a spirited defense of ultra-processed foods. Our…
Blog
Biden’s Fall 2024 Unified Agenda of regulations: The numbers, trends, and what’s next
The Biden administration’s Office of Management and Budget (OMB) dropped the Fall 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions this past weekend.
Search Posts
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new regulations for the year exceeded the 1,500 mark last week, with new rules covering everything from seatbelts to suckerfish. On to the…
Blog
RealClear Radio Hour: Common Sense Economics
At CEI’s 2016 annual dinner—A Night in Casablanca!—in DC, I caught up with three interesting gentlemen for a dose of common sense economics.
Washington Examiner
Fighting Back Against Obama’s Regulatory Regime
The Washington Examiner mentions CEI's calculation of the cost of federal regulations. It's hard to find anything much more detrimental to economic growth…
Law 360
GOP’s Swing At Dodd-Frank Could Give Banks Edge In Court
Law 360 discusses eliminating the Cheveron deference with William Yeatman. Backers of such moves say there are both principled as well as political…
Blog
Controlling Federal Agency Guidance Documents: A To-Do List for Congress and Reformers
When I wrote about the proliferation of federal agency guidance documents and other regulatory “dark matter” that skirts Congressional oversight and even normal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Last week’s Federal Register fell short of 2,000 pages, mainly because it was a four-day work week due the Memorial Day holiday. While the Federal…
Cato Unbound
The Administrative State Lacks Its Own Justification: Expertise
Legitimacy notwithstanding, we tend to discuss the administrative state as if it is a functioning expert entity, taking expertise in its divisions for granted. But…
Daily Caller
Feds Publish Over 2,000 Pages Of New Regs In ONE WEEK
The Daily Caller discusses new rules published in the Federal Register with Ryan Young. The Obama administration has been busy implementing what remains…
Blog
Inequality: Policies That Work, and Policies That Don’t
CEI recently released a pair of papers by Iain Murray and me about economic inequality. The first encourages activists to ask the right questions: think…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Congressional Review Act deadline for the possible midnight regulation rush has now likely passed, though the Federal Register once again topped 2,000 pages last week. That…
Blog
Federal Regulations Affecting Small Business
It is often said that there is no such thing as a free lunch, something particularly true for the small businessperson. The “Small Business…
Cato Unbound
On the Administrative State’s Illegitimacy
"Who is better than overreaching bureaucrats to decide when the bureaucrats are overreaching?” That was one respondent’s characterization of the mindset that provoked the recently…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As mentioned earlier, something of a regulatory midnight rush is happening right now. The Federal Register topped 2,000 pages for the third time in four weeks—a rare…
Washington Times
Killing the regulatory parasite
The Washington Times highlights Wayne Crews's annual report on the size and costs of federal regulations. From the new annual report, Ten Thousand…
Wall Street Journal
Trump for Blow-Upper in Chief?
The Wall Street Journal highlights Wayne Crews's annual report on the cost and size of federal regulations. The Competitive Enterprise Institute finds that,…
Forbes
Obama Releases Spring 2016 Unified Agenda of Federal Regulations
In the just-released spring 2016 Unified Agenda of Federal Regulations (Agenda), a roundup published twice yearly by the White House Office of Management and…
Daily Caller
Obama Has 3,260 Rules In The Regulatory Pipeline
The Daily Caller discusses the White House's budget office annual agenda for regulations with Wayne Crews. “These rules are projected to have economic…
Blog
Regulation: A 28 Percent Hidden Tax For The Family
When corporations pay taxes, you pay taxes. That is, while it’s popular to tax rich corporations, and even if they write the check to the…
Blog
Deadline for Major New Regulations This Week?
An early midnight rush of controversial new regulations might be on the way over the next week or so. Why now instead of the very…
The Fiscal Times
The Crushing Cost of Regulation: $4 Trillion Since 1980
The Fiscal Times mentions Wayne Crews's annual study on the cost of federal regulation. That's a big deal. The Competitive Enterprise Institute, in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register broke the 30,000-page barrier last week, with new regulations covering everything from baked beans to e-cigarettes. On to the data: Last week, 58 new…
Patriot Post
Killing Us Softly With Overregulation
The Patriot Post discusses Wayne Crews's annual report on the size and cost of federal regulation. Each year the Competitive Enterprise Institute, a…
Reuters
U.S. Global Investors Reports Financial Results for the Third Quarter of 2016 Fiscal Year
Reuters discusses the cost of federal regulation as analyzed in Wayne Crews's annual Ten Thousand Commandments report. The company's revenues have been hit…
Blog
Regulatory Cost Blowout: Burden Is Triple the Deficit, Greater than Personal and Corporate Income Taxes Combined
The last time the federal government balanced the budget was between 1998 and 2001. But those were days when a $2 trillion federal budget…
Blog
Ten Thousand Commandments
The brand new 2016 edition of Clyde Wayne Crews, Jr.’s Ten Thousand Commandments report is out now. You can read it here. If you…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
After a slow start, 2016 is back to a normal regulatory pace. The Federal Register is on a nearly 80,000-page pace, and the number of new rules…
Wall Street Journal
So Many Rules, So Few Opportunities
The Wall Street Journal features Wayne Crews's annual report on the size and cost of federal regulations. Friday’s jobs report from the Labor…
The Hill
Presidential candidates should talk about regulation
From “lyin’” to “low-energy,” the current election’s lowering of the rhetorical bar to levels that challenge even the most nimble limbo dancer is more than…
The Fiscal Times
Trump’s Hard Truth for the GOP: Conservatism Doesn’t Matter
The Fiscal Times mentions Wayne Crews's annual report on the size and costs of federal regulations. An explosion of regulatory activity at the…
Western Journalism
The Crushing Cost Of Complying With Government
Mike Huckabee mentions Wayne Crews's annual report on the size and cost of federal regulations for Western Journalism. One of the arguments I’ve…
Blog
The Barack Obama Regulatory State Towers over that of Bush
A glance at the overall count of rules and regulations leads one to suppose regulatory burdens are decreasing. After all, since Obama took office the…
Products
Ten Thousand Commandments 2018 – Executive Summary
Download the Executive Summary as a PDF Spending and deficit restraint are vital to the nation’s economic health. But the cost…
Study
Ten Thousand Commandments 2016
Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope and cost of federal regulations, and how they affect American consumers, businesses,…
Products
9,999 Commandments? Six Ways Rule Flows Were Reduced or Streamlined in 2017
Download Chapter 1 as a PDF Rather than jump directly into the numbers of rules and regulations, this year’s Ten Thousand…
Products
Toward a Federal Regulatory Budget
Download Chapter 2 as a PDF When Congress spends money, a certain degree of disclosure helps voters hold their representatives accountable. Federal…
Products
The Cost of Regulation and Intervention
Download Chapter 3 as a PDF Regulation and spending are related; both are implements by which governments act or compel individuals. Therefore, policy…
Products
Thousands of Pages and Rules in the Federal Register
Download Chapter 4 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although…
Products
Presidential Executive Orders and Executive Memoranda
Download Chapter 5 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking” but…
Products
More than 22,000 Public Notices Annually
Download Chapter 6 as a PDF In addition to the Federal Register’s tally of some presidential memoranda, public notices in the Federal…
Products
Analysis of the Regulatory Plan and the Unified Agenda of Federal Regulation
Download Chapter 7 as a PDF The “Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions” (the Agenda) is where agencies…
Products
Government Accountability Office Database on Regulations
Download Chapter 8 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the…
Investor's Business Daily
Federal Regulations Now Cost Almost $1.9 Trillion, Study Finds
Investor's Business Daily reports on Clyde Wayne Crews's annual analysis on the costs of regulations. CEI’s latest “10,000 Commandments” adds up the total…
Washington Examiner
Cost of regulations under Obama reach $1.9 trillion, $14,842 ‘hidden tax’ on every family
The Washington Examiner reports on Clyde Wayne Crews's annual analysis on the costs of regulation. The annual "Ten Thousand Commandments" report from the…
Fox News
Report: Federal regulations costing US $1.9T annually
Fox News reports on Clyde Wayne Crews's annual report on the costs of federal regulations. The annual Ten Thousand Commandments report was released…
Daily Caller
Economy Hit With Hidden $1.9 Trillion Tax From Federal Regulations
The Daily Caller reports on Clyde Wayne Crews's annual report on the costs of federal regulation. Competitive Enterprise Institute (CEI) describes the thousands…
Cato Unbound
The Administrative State’s Irredeemable Devotion to Central Power
Washington Examiner
Shock report: Federal red tape eats 11% GDP, rivals ALL pretax corporate profits
Washington Examiner reports on Wayne Crews's annual report on the size and cost of the federal regulatory state. The annual "Ten Thousand Commandments" report…
The Hill
Federal regulations cost economy $1.9T in 2015, controversial study claims
The Hill discusses with Wayne Crews his annual report on the size and costs of federal regulations. The cost of federal regulations is…
Fox News
Report: Federal regulations costing US $1.9T annually
Fox News discusses the cost of federal regulations as cited in Wayne Crews's annual report. Federal regulations are now costing U.S. taxpayers and businesses…
Washington Times
Cost of complying with federal regulations hits $1.9 trillion — higher than federal tax burden
Washington Times discusses Wayne Crews's annual report on the size and cost of federal regulations. “Regulations cost more than the federal income tax,”…
Townhall
Yowza: Federal Regulations Are Costing Americans Insane Amounts of Money
Townhall reports on Wayne Crews's study on the size and cost of federal government regulation. According to a new report released by the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the Federal Register passed the 25,000-page mark, new rules for the week ranged from fluorescent lamps to disaffected youth. On to the data: Last week, 65…
The Patriot Post
Regulations Are the Ties That Bind
The Patriot Post mentions Wayne Crews's annual report on the number of federal regulations. Just how many regulations are we talking about? As of…
Blog
The Proliferation of Federal Agency Guidance Documents
Recently we looked at some prominent recent examples of federal agency guidance—costly to-dos for the private sector. Today I wanted to say just a…
Investor's Business Daily
How Overregulation Is Killing The Economy
The Investor's Business Daily highlights Wayne Crews's annual Ten Thousand Commandments report on the costs of federal regulation. The Competitive Enterprise Institute publishes…
Blog
When Bureaus Attack: Recent Examples of Federal Regulation by “Guidance Document”
In the recent paper “Why Congress Must End Regulation by Guidance Document,” I described the rise of federal agency regulatory dark matter and…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new final regulations in 2016 passed the 1,000 mark on Friday. Last week’s new rules cover everything from semipostal stamps to vapor…
Forbes
Celebrating International Mother Earth Day With A Normal Western Civilization Gas Can
It’s the weekend after International Mother Earth Day 2016, and the United States signed the Paris Climate Agreement. To President Barack Obama, the…
TheBlaze
Governing by Blog Post? Report Finds Obama Administration Creatively Imposing New Federal Rules
TheBlaze reports on Wayne Crews's report on agency's regulation through guidance documents. The Obama administration, already under fire for bypassing Congress, is also finding…
Washington Times
Policy group warns of secretive ‘regulatory dark matter’ within the federal government
The Washington Times reports on Wayne Crews's research on the practice of federal agencies regulating through guidance documents and blog posts. The government can regulate the…
News Release
Report: Washington’s “Regulatory Dark Matter” Devours Economy, Jobs
Regulators are imposing new restrictions on American businesses and economic activity through guidance documents, memoranda and even blog posts, with little oversight from Congress or…
Study
Why Congress Must End Regulation by Guidance Document
Regulators are imposing new restrictions on American businesses and economic activity through guidance documents, memoranda and even blog posts, with little oversight from Congress or…
Blog
Federal Agency “Guidance Document” Disclosure Gaps Show Congress Is in the Dark on Regulatory Overreach
In “A Quick and Dirty Inventory of Federal Agencies' Significant Guidance Documents,” I provided, well, a quick and dirty table depicting “significant” (usually, not always,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the number of new regulations in 2016 threatens the 1,000 mark, new rules cover everything from rural broadband to flatfish. On to the data:…
Forbes
Why President Barack Obama’s Executive Order On Competition Is Anti-Competitive
When you see a headline like “Obama to Sign Executive Order to Ignite Corporate Competition” you have to scratch your head at the premise,…
TheBlaze
White House: Executive Order Could Cut Regulations to Boost Competition
TheBlaze discusses Wayne Crews's recent report which discusses the number of regulations created in both Obama and Bush's administrations. The Obama administration has…
Blog
A Quick and Dirty Inventory of Federal Agencies’ Significant Guidance Documents
Much is written by many on federal agency regulations’ expansion and costs. Beyond those, guidance documents, memoranda, notices, and other regulatory dark matter…
Blog
Obama’s 7 Years of Regulation Easily Outstrip Bush’s 8
Annually, despite ups and downs, the number of federal rules and regulations tops 3,400. While the overall rule counts in the Federal Register and…
Washington Examiner
Obama passes Bush’s number of costly regs — and has 10 months to go
The Washington Examiner quotes an analysis by Wayne Crews on Obama's annual average of regulations. According to CEI's Clyde Wayne Crews, Obama has…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Another Friday meant another 699-page Federal Register, which now exceeds 20,000 pages on the year. The big news is a fiduciary rule for retirement planning, but…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The week ended with precisely 800 new final regulations on the year, with new rules covering everything from chairs to obesity. On to the data:…
Forbes
Won’t Cut Federal Spending? Then Cap The Cost Of Regulation
Last week a group of libertarian and conservative groups issued a coalition letter calling on Congress to cap regulatory costs. While some of us…
American Spectator
Mr. Trump: America’s Economic Problem is Regulation, Not Trade
The Cato Institute's Doug Bandow cites Wayne Crews on the problem of the regulatory burden: Clyde Wayne Crews of the Competitive Enterprise Institute has…
Blog
Federal Government Is Good for U.S. Economy
If you’re a fellow free-market advocate and did not arrive at this page from social media (or missed our #AprilFools joke), don’t…
National Affairs
Putting Regulators on a Budget
National Affairs references Wayne Crews's work on the cost of regulation. In recent years, there have been several studies published describing the aggregate,…
Letters
CEI Leads Coalition Supporting a Regulatory Budget
Full Document Available in PDF Dear Members of Congress, On behalf of the undersigned organizations and our members, we call on Congress…
Washington Times
Coalition of free market groups urges Congress to cap and track stifling federal regulations
The Washington Times reports on a coalition letter led by CEI that urges Congress to pass a budget that addresses regulation. Big government…
The Hill
Groups push Congress to create regulatory budget
The Hill reports on a coalition letter led by CEI and sent to Congress urging lawmakers to approve the proposed regulatory budget. Advocacy…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Friday’s Federal Register, the last before the Easter holiday, contained 1,005 pages, 14 final regulations, nine proposed regulations, and an impressive 119 agency notices. New rules…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Along with nearly four dozen proposed regulations, new final regulations from the last week cover everything from cable boxes to Texas grapefruit. On to the…
Townhall
Washington’s Despotic Lawlessness
Townhall discusses Washington's lawlessness with Wayne Crews, author of the annual Ten Thousand Commandments reports. The Competitive Enterprise Institute is renowned for its…
Forbes
GOP Releases Contested 2017 Balanced Budget Proposal — With A Regulatory Budget Alongside
House Republican leadership released their 2017 “Balanced Budget for a Stronger America” fiscal year budget proposal. It seeks to balance the budget in 10…
Blog
Oversight Hearing Will Find Federal Regulatory Transparency Quite Opaque
The 2015 edition of White House Office of Management and Budget’s (OMB) annual Draft Report to Congress on the Benefits and Costs of Federal Regulations was latest we’ve seen…
Blog
USA Act Increases Accountability, Restores Congress’ Power of the Purse
Separation of powers is one of the United States government’s most basic principles. But for several decades, presidents from both parties have gradually concentrated more…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was just another week in the world of federal regulation, with new rules covering everything from Nixon’s archives to black bears. On to the…
Wall Street Journal
Hillary’s Soft Despotism
The Wall Street Journal cites Wayne Crews's study on the size of the federal regulatory burden and it's effects. According to the most recent…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
After several years and multiple lawsuits, the TSA deigned to issue a formal rule for its use of full-body scanners. CEI’s Marc Scribner finds that the…
Forbes
Nobody Knows The Cost Of Antitrust Regulation, And That’s Bad
Antitrust regulation is hardly insignificant, and its costs need to be recognized in today’s world. We’ve seen interference into ATT‘s attempted merger with T-Mobile, delays…
Blog
Barack Obama as FCC Chairman
The saga of executive branch overreach continues, and we got a twofer today. The House Judiciary Task Force on Executive Overreach held a hearing this…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the 2016 Federal Register passed the 10,000-page mark, new regulations cover everything from salmon to wine. On to the data: Last week, 67 new final regulations…
Products
Big, bloated government
The Pittsburg Trib cites Wayne Crews's study on the federal regulatory state. It gets worse. Clyde Wayne Crews of the Competitive Enterprise Institute…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week in Washington due to George Washington’s Birthday, also known as President’s Day. Even so, federal agencies still published new…
Washington Times
Obama says he’s not a ‘big government’ liberal
The Washington Times cites CEI's study on the size of the Federal Register. But last year was a record-setting year for the Federal…
Forbes
The Growing Outrage Of Off-The-Books Federal Regulation
President Barack Obama has practically trademarked going around Congress, proclaiming “I’ve got a pen and I’ve got a phone. And that’s all I…
Blog
Presidential Candidates Neglect Regulatory Bureaucracy
Allowing a $19 trillion federal debt when it was obvious that interest rates couldn’t remain zero forever is Exhibit A that legislatures rarely control spending.
Forbes
Memo To Presidential Candidates: Here’s How Oversight Of Federal Red Tape Is A Total Disaster
"[A]s more goals are pursued through rules and regulations mandating private outlays rather than through direct government expenditures, the Federal budget is an…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big regulatory news this week is the Supreme Court’s decision to delay the EPA’s big power plant emission regulation. Other than that, agencies issued…
Blog
The Improvisational Fed, and Unpredictable Regulations
Improvisation can be a wonderful thing when performed by talented hands—Charlie Parker, Miles Davis, and the like. The Federal Reserve, especially for the past several…
Forbes
Obama’s Budget Proposal Tops $4 Trillion, But Don’t Look To Republicans For Anything Better
Obama’s $4.147 trillion 2017 fiscal budget proposal won’t even merit a hearing in Congress, but it highlights similarities more than differences with Republicans. Among other…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Back to business as usual this week, with new regulations covering everything from Taiwanese orchids to student pilots. On to the data: Last week, 58…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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