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
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
Blog
The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
Search Posts
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…
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,…
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