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
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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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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:…
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