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: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
Blog
From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
Blog
This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
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Forbes
Joe Biden’s Year in Federal Regulation, 2021
Today is New Year’s Eve. Yesterday, December 31, 2021 was the last federal workday of the year. This presents an obvious opportunity to survey the Federal…
News Release
Consumer Spending Growth Slows: COVID, Inflation, Supply Networks Are Factors: CEI Statement
On news today that inflation rose again in November, CEI Senior Fellow Ryan Young urged policymakers to do their part by spending less: “Consumer spending grew…
Blog
Best Books of 2021: Keith E. Stanovich, The Bias that Divides Us: The Science and Politics of Myside Thinking (MIT Press, 2021)
Today’s political polarization isn’t just annoying; it’s damaging important cultural and family institutions. And tensions won’t deescalate until people figure out the root of the…
Forbes
Here Are the 295 Costliest Rules in Biden’s Fall 2021 Unified Agenda of Federal Regulations
Along with the big spending, there’s big regulation, too. It seems to be mounting a return. Federal agencies issue …
News Release
Biden EPA Fuel Standard Will Impose All-Pain, No-Gain Policies on Consumers
The Biden administration today announced a final rule raising fuel economy standards for cars and small trucks, reversing a more sensible Trump-era rule. The new…
Forbes
The Fall 2021 Unified Agenda of Federal Regulations Delivers on Biden’s Promises of Government Activism
Each Spring and Fall since the 1980s, federal agencies have highlighted some of their regulatory priorities in the Unified Agenda of Federal Regulatory…
The Washington Times
Inflation, Supply Shortages Drive up Christmas Tree Prices
The Washington Times cites Senior Fellow Ryan Young on Christmas tree sales: Ryan Young, a senior fellow at the libertarian Competitive Enterprise…
Forbes
This Thanksgiving, Big Government Is the Turkey
The turkeys Peanut Butter and Jelly got a Thanksgiving pardon from Joe Biden at the White House. Presentation of a turkey to the POTUS…
The Washington Examiner
Biden Ramps up Costly Regulations and Hidden Taxes
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden and regulations: “Halloween may be over but Tyrannosaurus Regs…
News Release
CEI Experts Weigh In on Reconciliation Framework Agreed to by White House and Congressional Democrats
WASHINGTON – The White House and congressional democrats announced agreement on a “framework” for a reconciliation bill that will spend nearly $2 trillion and includes…
News Release
U.S. Economic Growth is Slow, Bouncing Back, but Government Big Spending Remains a Threat
The U.S. economy grew at a 2 percent annualized rate in the third quarter of 2021, the slowest increase since the close of the 2020…
Forbes
Congress Should Charter an “Office of No” to Counter Federal Overregulation
While you’ll never hear it from NPR or the rest of the monoculture media, “rule of flaw” by federal agency bureaucracy can impede economic…
Blog
IRS Licensing of Tax Preparers Is Ripe for Abuse
Roughly a quarter of all jobs in America now require some sort of occupational license. Sixty years ago, it was about one job in…
Blog
September Inflation Remains High and Fixable
Inflation remains high, with September’s numbers coming in at a 5.4 percent annualized rate, the highest number in a decade. The Federal Reserve’s target…
Forbes
The Greater Reset: An “Abuse-Of-Crisis Prevention Act” To Restore Limited Government
Coming in the wake of 9/11 and its Patriot Act, and the 2008 financial meltdown, the pandemic marked the third major economic shock of the 21st Century…
Forbes
The Debt Ceiling Marks Republicans’ Turn to Not Let Crisis Go to Waste
Where does all that talk about teachable moments and national conversations go when government refuses to acknowledge that maybe, just maybe, a …
Forbes
Debt Ceiling, Meet Domestic Forever Wars
Joe Biden proclaimed to the nation that “I was not going to extend this forever war,” referring to the tw0-decade campaign in Afghanistan. To some,…
Forbes
Republicans Should Kill The Bipartisan Infrastructure Bill And Do This Instead
Reminding America that big spending is bipartisan, some Senate Republicans craving the illusion of artful dealmaking …
National Review
Biden’s Regulatory Pen and Phone Must Be Replaced with an ‘Abuse-of-Crisis Prevention Act’
For folks who talk about boring topics such as federal regulation, it’s normal to discuss costs and counts. I’m one of those people. I actually enjoy writing…
Blog
A Sustained Recovery Needs a Deregulatory Stimulus
Over in The Hill, Wayne Crews and I argue that more deficit spending won’t help the COVID recovery. Regulatory reform is more powerful stimulus…
The Hill
Sustained Economic Growth Needs Congressional Regulatory Reform
Former President Trump was the first president in 30 years to take a serious interest in regulatory reform. You might have to go back to former…
News Release
CEI Supports Sen. Rick Scott and Rep. Byron Donald’s New Regulatory Reform Bill to Prune Unneeded Rules
WASHINGTON – Sen. Rick Scott (R-FL) recently introduced S. 2239, the Unnecessary Agency Regulations Act of 2021, a law that would require the Office…
FEE
Households Face Up to $14,000 in ‘Hidden’ Federal Taxes Every Year, New Report Reveals
FEE cites CEI’s 10KC study by Vice President for Policy Wayne Crews: The fiscally-conservative Competitive Enterprise Institute (CEI) just released its annual …
News Release
New Ten Thousand Commandments report evaluates the sweeping hidden tax of regulation; Provides definitive assessment of Trump deregulatory legacy
The Competitive Enterprise Institute issued Ten Thousand Commandments 2021: An Annual Snapshot of the Federal Regulatory State today, a report by Vice President for…
Blog
The 2021 Edition of Ten Thousand Commandments Is Out Now
How much does regulation cost? It’s hard to tell, due to a lack of transparency. The government is legally required to tell the public how…
Products
Tens of Thousands of Pages and Rules in the Federal Register
Download Chapter 5 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its…
Products
Liberate to Stimulate
Download Chapter 10 as a PDF Policy makers frequently propose spending stimulus to grow or strengthen economies. That was certainly the case in the…
Products
Another Dimension of Regulatory Dark Matter: Over 22,000 Public Notices Annually
Download Chapter 7 as a PDF Without actually passing a law, government can signal expectations and influence various industries—including health care, retirement, education, energy…
Products
What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
Download Chapter 4 as a PDF If real debt levels on the fiscal budget and entitlements can be vastly higher than the public is…
Products
Swamp Things—Trump’s Discordant Regulatory Impulses Offset His Deregulatory Successes and Expanded the Administrative State
Download Chapter 2 as a PDF President Trump attempted to prune rules and costs and held down regulatory output with more enthusiasm than other…
Products
The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Download Chapter 6 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking.” They merit…
Products
Toward a Federal “Regulatory Budget”
Download Chapter 3 as a PDF When Congress spends, no one questions that disclosure is necessary for voters to hold representatives accountable. Federal expenditure…
Products
Executive Summary – Ten Thousand Commandments 2021
Download the Executive Summary as a PDF Now a relic, spending control and deficit restraint are indispensable to a nation’s stability and long-term economic…
Products
Bookending the Trump Era: Seven Efforts to Reduce and Streamline Regulatory Flows
Download Chapter 1 as a PDF This 2021 edition of Ten Thousand Commandments begins with a survey of approaches the Trump administration took during…
Products
Government Accountability Office Database on Regulations
Download Chapter 9 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number…
Products
Analysis of “The Regulatory Plan and Unified Agenda of Federal Regulations”
Download Chapter 8 as a PDF One of the goals of regulatory reform should be to improve disclosure and enhance its relevance to rulemaking.
Study
Ten Thousand Commandments 2021
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
The Washington Times
Trump-Dependent Media Feels the Pinch
The Washington Times cites CEI’s 10KC study by Vice President for Policy Wayne Crews: The Competitive Enterprise Institute will issue on Wednesday…
Forbes
Here Are the 298 Costliest Rules in the New Unified Agenda of Federal Regulations
No matter the presidential administration, federal agencies issue thousands of rules and regulations every year compared to a relative handful of laws passed by…
Forbes
The New White House Unified Agenda of Federal Regulations Promises Government Activism
Federal agencies outline their regulatory priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the “Agenda”) each Spring and Fall. The…
Blog
This Week in Ridiculous Regulations
The economic recovery continues, but Congress is still intent on passing unneeded stimulus and infrastructure spending. Inflation is also up, and five antitrust bills are…
News Release
Unified Agenda of Federal Regulation Reflects Biden’s Campaign Against Transparency for the Administrative State
The Biden Administration today released the Spring 2021 Unified Agenda of Federal Regulation, the first regulatory agenda for President Joe Biden. CEI Vice President…
Blog
CPI Inflation Indicator Hits 5 Percent: Not Stagflation, But a Useful Warning
The Consumer Price Index (CPI) for May came out this morning. At 5 percent, it was higher than expected. CPI has its flaws…
Blog
Stimulating the COVID Recovery without Trillions in Spending
Over at Inside Sources, I make the case that deregulation, freer trade, and continued vaccinations will do more to open up the economy than…
Blog
This Week in Ridiculous Regulations
Unemployment is back under 6 percent, and it’s looking more and more like the economy is reverting back to trend. We’re not there yet, but…
The Wall Street Journal
Flying the Politically Correct Skies
The Wall Street Journal cites Vice President for Policy Wayne Crews on Biden’s federal budget: Wayne Crews of the Competitive Enterprise Institute …
Forbes
Post-Covid Warning: Fence Federal Regulation and Spending Before the Next Economic Shock
Does it make sense as an ongoing tenet of public policy to regard a few weeks or months of business disruption, like that characterizing the…
Blog
This Week in Ridiculous Regulations
CEI’s Wayne Crews looked at the Biden administration’s dismantling transparency reforms for guidance documents and warned that political spending on scientific research would…
Blog
EPA Follows Through on Biden Directive to Hide Guidance Documents from the Public
Before President Joe Biden signed an executive order called Revocation of Certain Executive Orders Concerning Federal Regulation that, among much else, instructed federal agencies…
News Release
Some Good News in April 2021 Job Numbers
The unemployment rate didn’t budge much in April, according to just-released data from the Labor Department, but CEI labor policy expert Sean Higgins…
Marketplace
Democrats In Congress In No Hurry To Overturn Trump-Era Regulations
Marketplace cites Senior Fellow Mario Loyola on regulatory reform: Mario Loyola at the Competitive Enterprise Institute said that’s because Republicans were on…
Forbes
Laws Have Mercy: Here is How Biden is Restricting Access to Regulatory Guidance Documents
A significant component of Joe Biden’s first 100 days has been the rapid reversal and work-in-process unwinding of former president Donald Trump’s efforts to…
Las Vegas Review Journal
EDITORIAL: Infrastructure Package Meets Federal Red Tape
The Las Vegas Review-Journal cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: The projects that might survive the legislative process as…
Bloomberg Law
Biden Infrastructure Plan Has Unlikely Ally in Trump Permit Redo
Bloomberg Law cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: Mario Loyola, who served as CEQ’s associate director for regulatory reform…
News Release
CEI Commends Sen. Lankford for Introducing Pandemic Preparedness, Response, and Recovery Act
On Thursday, Senator James Lankford (R-OK) introduced the Pandemic Preparedness, Response, and Recovery Act. The bill would establish an independent commission to…
National Affairs
Putting Regulators on a Budget
National Affairs cites Vice President for Policy Wayne Crews on the cost of regulation: Separately, in 2015, regulatory analyst Clyde Wayne Crews…
Washington Examiner
Congress must reassert its legislative authority
It is tempting to claim that resource allocation questions are starker than ever. The classic formulation in political science is guns or…
News Release
CEI Offers Reform Ideas to Congress Aimed at Fostering Resilience and Promoting Economic Renewal
Today the Competitive Enterprise Institute (CEI) offered a set of policy reform goals for the 117th Congress focused on economic stimulus and regulatory…
Products
Free to Prosper: Banking and Finance
View the full chapter on banking and finance here Access to capital, credit, and financial services are fundamental to the operation of a free…
Products
Free to Prosper: Labor and Employment
View the full chapter on labor and employment here Increases in productivity, not artificial increases in labor prices, are the key to economic growth…
Products
Free to Prosper: Regulatory Reform
Read the full chapter on regulatory reform here The COVID-19 pandemic changed a lot of things. One of those things is regulation. People quickly…
Products
Free to Prosper: Technology and Telecommunications
View the full chapter on technology and telecommunications here Few economic sectors rival the technology and telecommunications industries in how rapidly—and momentously—they have evolved.
Products
Free to Prosper: Food, Drugs, and Consumer Freedom
View the full chapter on food, drugs, and consumer freedom here Few matters are as important to individuals as the foods they eat, how…
Products
Free to Prosper: Medical Technology and Health Care
View the full chapter on medical technology and health care here American consumers benefit from a bounty of choice, competition, and innovation in health…
Products
Free to Prosper: Trade
View the full chapter on trade here The new Congress has two urgent tasks on trade policy. First, it needs to help heal the…
Products
Free to Prosper: Transportation
View the full chapter on transportation here Mobility is one of our most important needs, one we often take for granted until it is…
Products
Free to Prosper: Energy and Environment
View the full chapter on energy and environment here REJECT THE GREEN NEW DEAL AND SIMILAR CENTRAL PLANNING SCHEMES The Green New Deal (GND),…
The Washington Times
With an Eye on Prosperity
The Washington Times cites CEI’s publication, Free to Prosper, and related online event: The Competitive Enterprise Institute will release “Free to Prosper,”…
National Review
Tyrannosaurus Regs and Regulatory Dark Matter: Biden’s Accountability Deficit on Regulation
Washington’s new motto is: When you run out of other people’s money, keep spending anyway. It’s a sad state of affairs when a national debt …
Forbes
The Best American Rescue Plan Is An “Abuse-Of-Crisis Prevention Act”
If limits exist that constrain politicians and the legislation they can enact in the name of crisis, rescue or stimulus, it is unclear what they…
Politico
Biden Won’t Release White House Virtual Visitor Logs
Politico cites CEI’s 2020 edition of 10 Thousand Commandments by Vice President for Policy Wayne Crews: In addition, Republican…
The Western Journal
Trump Program Saved $160 Billion, Cut Regulatory Costs 90% – Biden Killed It
The Western Journal cites Vice President for Policy on the impact of President Biden’s regulatory actions: “I don’t think progressives think regulations…
Fox Business
Biden on Day 1 Scrapped Trump Rule that Helped US Save $160 Billion: Report
Fox Business cites Vice President for Policy Wayne Crews on regulations and the Biden administration: But Clyde Wayne Crews, a vice president…
The Washington Times
Biden Overturned Trump Deregulation Rule That Saved U.S. $160 Billion: Analysis
The Washington Times cites Vice President for Policy Wayne Crews on regulations and the Biden administration: “Biden has jettisoned … most of…
News Release
CEI Backs Sen. Johnson’s Call for President Biden to Re-Instate Transparency in Agency Guidance Executive Order
Senator Ron Johnson (R-WI) and 20 of his colleagues sent a letter to President Biden, requesting he reverse his decision to overturn Executive Order 13,891,…
Las Vegas Review Journal
EDITORIAL: Regulatory benefits that are ‘impossible’ to quantify
The Las Vegas Review Journal cites Vice President for Policy Wayne Crews and CEI’s “10 Thousand Commandments”: Needless to say, President Joe…
Forbes
The 2021 “Unconstitutionality Index”: 19 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation like the one that just decamped for Florida, the number of rules from hundreds of federal…
Reason
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are ‘Impossible To Quantify’
Reason cites Vice President for Policy Wayne Crews on President Biden’s latest directive: “The aim is to put weight on the scales…
Reason
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are ‘Impossible To Quantify’
Reason cites Vice President for Policy Wayne Crews on the regulatory state under President Biden: “The aim is to put weight on…
Letters
CEI Joins Coalition Letter Opposing H.R. 1 and S.R. 1
View Full Article as PDF Dear Speaker Pelosi, Republican Leader McCarthy, Majority Leader Schumer, and Republican Leader McConnell, On behalf of the millions…
World Net Daily
Overlooked Biden Executive Order Could Have Greatest Harmful Impact
World Net Daily cites Vice President for Policy Wayne Crews on regulatory reform: Clyde Wayne Crews, a regulation expert at the Competitive…
Forbes
Biden Repudiates Trump Era With Revocation Of Certain Executive Orders Concerning Federal Regulation
As part of a “Day One” “flurry” of executive action, President Joe Biden issued an “Executive Order on Revocation of Certain…
Citation
Let Them Learn
The Wall Street Journal cites Vice President for Policy Wayne Crews on Biden’s “Modernizing Regulatory Review” plan: In the meantime, Wayne Crews at the Competitive…
E&E News
Biden Signals ‘New Direction’ On Regulations
E&E News cites Vice President for Policy Wayne Crews on President Biden’s regulatory review process: Wayne Crews, an analyst at the conservative…
The Washington Examiner
Biden’s Quest to Reverse Trump-Era Environmental Rollbacks Could Take Years
The Washington Examiner cites Director of the Center for Energy and Environment Myron Ebell on regulatory reform and the Biden administration: “Changing…
Forbes
Status Report: What Regulations Did The Trump Administration Eliminate In 2020?
Bookending four years of its infamous one-in, two-out requirement for issuing significant new regulations, the Trump administration quietly just released its status roundup called “…
Washington Examiner
Biden Poised to Be the Biggest Regulator in History
The Washington Examiner cites Vice President for Policy Wayne Crews on regulatory reform: “Biden has signaled in all areas that the Trump…
Forbes
Donald Trump’s Year In Regulation, 2020
Today, Thursday, December 31, is the last federal workday of 2020. This presents the opportunity to review the heft of the Federal Register and its roundup of…
Blog
This Week in Ridiculous Regulations
The 2020 election is finally, mercifully, over. Barring a surprise in the Georgia Senate runoffs, we will continue to have divided government. This arrangement typically…
Forbes
Some Trump Executive Orders On Regulation Need To Be Kept No Matter What
Some see federal regulatory intervention as unaccountable and unrestrained. That was and remains a key focus of the Donald Trump reform agenda. Executive orders addressing…
Blog
This Week in Ridiculous Regulations
The 2024 election season officially began on Wednesday. The 2020 Federal Register topped 70,000 pages right on election day, and is on pace to be…
EP NewsWire
COMPETITIVE ENTERPRISE INSTITUTE: Record GDP Numbers: Good News and Next Steps
EP NewsWire cites CEI senior fellows Iain Murray and Ryan Young on economy and regulations. Ryan Young, CEI Senior Fellow: “Most of the talk…
Blog
The 2020 Election Actually Had Some Free-Market Victories
Neither presidential candidate has much interest in limited government. But over at National Review, I look at some neglected down-ballot victories…
Company News HQ
Uncertain Regulatory Relief at an Uncertain Time
Once the election dust settles, Congress will wrangle over another COVID-19 spending bill, but regulation will ultimately have greater impact on the recovery. Agencies have…
Blog
Regulatory Relief Needs Better Transparency
Getting rid of #NeverNeeded regulations is one of the most important policy responses to the COVID-19 pandemic. The short-term benefits are obvious, but the…
USAToday
Trump or Biden: Who would boost growth, restore jobs faster? Here’s an Election Day guide on the economy
USAToday cites Competitive Enterprise Institute on regulations in their article on election day guide. President Trump says he’ll continue to aggressively cut regulations. He initially promised to…
Blog
This Week in Ridiculous Regulations
The Los Angeles Dodgers won baseball’s World Series. GDP numbers bounced back in a big way, though the economy is still smaller than…
Wall Street Journal
Trump’s Already Won
Wall Street Journal cites Senior Fellow Clyde Wayne Crews on federal red tape. From the start of his presidency, Mr. Trump paired tax reform with aggressive…
Blog
This Week in Ridiculous Regulations
In the news last week, the Justice Department filed an antitrust case against Google. It is the highest-profile antitrust case since the 1998-2002 Microsoft case.
Foreign Affairs
MIL-OSI USA: Attorney General Becerra Condemns Trump Administration Rule Undermining Cost-Saving Efficiency Standards for Residential Dishwashers
Foreign Affairs cite Competitive Enterprise Institute on dishwashers and regulatory policy. California Attorney General Xavier Becerra today issued the following statement in response to the…
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