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: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
Search Posts
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…
Real Clear Policy
Washington’s ‘Dark Matter’ Regulations
In a recent Gallup poll, Americans named the government as the top problem facing our nation for the second year in a row —…
Breitbart
What Women Really Want to Talk About
Breitbart cites CEI's study on the number of regulations published in the Federal Register. And Competitive Enterprise Institute data shows the number of…
Blog
How to Get Rid of Obsolete Regulations
The House this week is considering H.R. 1675, the Encouraging Employee Ownership Act, sponsored by Rep. Randy Hultgren (R-Ill.). I’ll leave it to my colleague…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big Snowzilla storm came and went, but still made its presence known in the Federal Register. For many documents, there is a lag of a…
CNN
Reality Check: Carson on “absurd” government regulations
CNN's Reality Check Team references a study on regulations by Wayne Crews. According to the Competitive Enterprise Institute, a libertarian-leaning think tank, there were…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short week due to both MLK Day and a large snowstorm in the DC area, but regulators still issued new rules covering everything…
Blog
Market Dominance Doesn’t Last; Regulation Shouldn’t Either
One of the justifications for heavy regulation of large companies is that they use market power to crush competition and maintain market dominance. Yet the…
El Dorado Springs Sun
Burdensome Regulations Time to Scrub Missouri Clean
The El Dorado Springs Sun refers to CEI's study on the costs of federal regualtions. Every American taxpayer will spend an estimated 77…
The Heartland Institute
Obama Unveils Last-Minute Regulatory Agenda
The Heartland Institute discusses Obama's plans to release midnight regulations with Wayne Crews. Wayne Crews, vice president for policy at the Competitive Enterprise…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Things sped up last week after 2016’s slow start. The Energy Department issued the year’s first two economically significant regulations, and other new regulations cover…
Forbes
Shaky Stock Market A Signal Obama Should Reconsider Veto Threat On Red Tape Relief
In his final State of the Union Address, with a sinking stock market as backdrop, President Barack Obama said, “I think there are outdated regulations…
Breitbart
America Must Tame Regulation, ‘Bring Small Businesses Back’
Breitbart mentions CEI's research on the impact of the regulatory burden on small businesses. Data compiled by the Competitive Enterprise Institute shows that…
Washington Examiner
Kasich touts one-year freeze on regulations
The Washington Examiner mentions CEI's study on the amount of regulations created in 2015. In 2015 alone, 3,378 rules and regulations were finalized,…
Watchdog.org
Obama missed opportunity to highlight red tape in final State of the Union
Watchdog.org quotes Wayne Crews on President Obama's final year in office and the large quantity of regulations to be expected. “Since the president’s final…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
After a record-setting 2015, 2016 got off to a slow start, with new rules covering everything from vending machines to Nebraskan sludge. Even so, it…
One News Now
Congress runner-up in ‘red tape’ production
One News Now discusses with Ryan Young the regulations created by the executive branch agencies, which far outweigh those from Congress. According to the Competitive Enterprise…
Forbes
Obama’s Legacy: An Abundance Of Executive Actions
President Barack Obama’s final-year aspirations as outlined in an earlier-than-usual State of the Union Address will likely showcase executive action on gun control (watch for…
Breitbart
Report: Federal Agencies Passed 39 New Regulations For Every One Law
Breitbart discusses Wayne Crews' report on the amount of rules that federal agencies created for every one law that Congress passed in 2015. …
USA Today
Employment statistics don’t tell whole story
USA Today mentions Wayne Crews' report on the amount of rules that federal agencies created for every one law that Congress passed in 2015. …
Blog
Regulatory Reform in 2016 Starts Now
The House is voting on two pieces of regulatory reform legislation today, the Sunshine Act and the SCRUB Act. Both will likely pass, then it’s…
Real Clear Policy
Reforming Regulation in 2016
The year 2015 was a record-setting one for regulation. The 2015 Federal Register, the daily digest where agencies publish proposed and final rules, reached 82,035…
Blog
The 2016 Unconstitutionality Index: 39 Federal Rules for Every Law Congress Passes
The New Year brought news of yet more executive action by President Obama, most prominently this time on tweaking the Second Amendment and access to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
2015 was a record-setting year, with the Federal Register reaching 82,035 pages. This breaks the previous record by more than 600 pages, or roughly the length of Moby…
Washington Times
The Unconstitutionality Index: 3,408 New Federal Regulations, 87 Laws
The Washington Times discusses Clyde Wayne Crews’ recent report on the alarming growth of regulations. The nation continues to be a playground for government…
Washington Examiner
Unconstitutionality Index: Obama issues 39 rules for every law
The Washington Examiner discusses the current administration's increase in regulations per law passed with Clyde Wayne Crews. "Bush's last six years averaged 17, while…
The Wall Street Journal
Happy New Regulatory Year
The Wall Street Journal cites CEI's Wayne Crews on the growing yearly tally of regulations: Unofficially, Mr. Obama’s Administration has once again…
Blog
Bureaucracy Unbound: 2015 Is Another Record Year For The Federal Register
With one day to go in 2015, the Federal Register tops off at 81,611 pages. That’s higher than last year at 77,687 pages and higher than it’s…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
78 new regulations, from drones to ground beef.
Blog
Washington Says Merry Christmas With 80,000 Pages Of Regulation
There may be a federal war on coal in the ground, but Washington has plenty of coal for your Christmas stocking. The Federal Register—where federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
There are just eight more editions of the Federal Register remaining to be published this year. With new regulations in the last week covering everything from truck…
Blog
Obama Cements Status as King of Regulatory Bloat
Today marks a milestone for the one brandishing the Mighty Pen and Phone. The Federal Register hit 78,648 pages today. The Register is where the federal…
National Review
Omnibus Bill: Search in Vain for the Regulatory Relief
There are certainly some good things in the Omnibus Spending/Tax Extenders bills that dropped early this morning (though I…
Washington Examiner
Report: Obama Sets Red Tape Record, 545,875 Pages
The Washington Examiner cites Wayne Crews' work on the scope of President Obama's record-setting regulations: What's more, Obama still has half a month…
Blog
Omnibus with Significant Reg Relief May Be Worth Supporting
As the year-end omnibus spending bill is about to be unveiled, there will be a scramble to examine its provisions. In many policy areas, my…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a comparatively slow week for regulations, though agencies still published new rules ranging from bright lamps to train doors. On to the data:…
Fox Business
The Federal Government’s Vegetative Universe
Fox Business reports on Wayne Crews' study on the hard-to-detect regulations created by federal agencies, without Congress' approval, and their economic costs. The rules hit…
Blog
Regulatory Dark Matter
How do regulations get made? Agencies have to follow specific procedures, first outlined in the 1946 Administrative Procedure Act. The trouble is that many agencies simply…
Washington Examiner
Report: Obama admin winning the new regulations race
The Washington Examiner discusses Wayne Crew's report on the thousands of regulations that agencies pass each year. Federal agencies enacted 16 regulations for every one…
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