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…
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Blog
CEI’s Battered Business Bureau: The Week in Regulation
Even in a shortened work week due to Martin Luther King Day, federal agencies still put out 40 final regulations and more than 50 proposed…
Blog
President Obama Says We’ve “Turned the Page” – Really?
In previewing his 2015 State of the Union Address, President Obama said … "2014 was the fastest year for job growth since the 1990s.
Forbes
Obama’s State Of The Union Address In Five Words
Even before presidents become lame ducks, their State of the Union Address proposals often don’t materialize. President Barack Obama is one of five lame…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
40 new regulations, from solid waste to washing machines.
Blog
Free to Prosper: Top Priorities for the 114th Congress
With the start of the 114th Congress comes a fresh opportunity to address the challenges created by a broken government. To kick off this new congressional…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Happy New Year to all of our regulatory followers! Wayne Crews previously summed up 2014’s year-end statistics in this post. Among the highlights are 3,541…
The Blaze
Obama’s Abuse of the Veto Makes Him an ‘Imperial President’
Just a few days into the new Congress, and President Barack Obama already has made three—count ‘em—credible veto threats. Representatives and Senators had barely started…
Forbes
CES And A Case For Separation Of Technology And State
As the 2015 Consumer Electronics Show (CES) winds down, there’s a lot of stuff you probably hope doesn’t stay in Vegas. Creative contributions to the…
Human Events
Welcome to 2015 and the Year of the Regulators
The tinsel had hardly fallen from the trees and the family reunion squabbles barely subsided—and the Washington Redskins’ disastrous season just ended—before two Washington Post…
Washington Examiner
Unconstitutionality Index: Feds Issued 27 Regs for Every New Law, 3,541 in 2014
Wayne Crews discusses the year in regulation with Washington Examiner's Paul Bedard: In a brand new calculation done by the Competitive Enterprise…
Blog
CEI’s 2015 Unconstitutionality Index: 27 Regulations for Every Law
There’s this idea floating around about America’s do-nothing Congress, that laws aren’t being passed. The Los Angeles Times called Congress “ineffective,” in 2013 since it passed…
Blog
2014 Ends with a 78,978-Page Federal Register; 3,541 Rules and Regulations
At year-end 2014, the Federal Register stands at 78,978 pages, the fifth-highest count ever. (The published version contains 79,066 pages, but I net out blank and skipped…
Washington Examiner
Report: 21,000 regulations so far under Obama, 2,375 set for 2015
Wayne Crews is cited in the Washington Examiner: The pace of agencies issuing new rules and regulations has hit a record high…
Forbes
Obama’s Veto Warning To The GOP Disregards His Record-Setting Regulation
In a widely cited year-end interview with National Public Radio, President Obama warned Republicans that: Now I suspect there are going…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The federal government took Thursday and Friday off to celebrate the holidays. Despite the rare three-day work week, agencies still published 25 proposed regulations, more…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
69 new regulations, from washing machines to plants for planting.
Breitbart
Federal Register Adds Nearly 1600 Pages of New Regulations
Breitbart discusses the latest regulatory numbers with CEI's Ryan Young. Not to be outdone by the congressional 1,603 page Cromnibus spending bill,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
While Congress was busy with the 1,603-page Cromnibus bill (full text), agencies added nearly that many pages to the Federal Register with new regulations for everything…
The Washington Examiner
Obama Outdoes Bush on Small Business Rules
The Washington Examiner excerpts Wayne Crews' CEI blog post on President Obama's rules affecting small businesses: President Obama has issued nearly half…
Blog
Deteriorating White House Regulatory Disclosure Needs Active Congressional Review
Recently we’ve spent time reviewing Washington’s “Unified Agenda” of federal regulations, which came out just before Thanksgiving. It purports to tell what the alphabet soup…
Blog
The Future and the Regulated
Lawrence Summers, the enfant terrible of the economics profession, has written a thoughtful column on “Our Loss of Faith in the Future,” noting that…
Blog
Small Business Regulations: Obama Red Tape Exceeds Bush Level
As we noted last week, President Obama has issued nearly half again as many “major,” $100-million regulations during his six years as President as George…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
While the number of new regulations last week was normal, their cost was abnormal, totaling well over half a billion dollars just for the four…
Fox News
Regulation Nation: Gov’t regs estimated to pound private sector with $1.8T in costs
Fox News cites Wayne Crews' work on regulatory compliance: For America's businesses, the Obama administration has an unpleasant holiday surprise.
Blog
Obama’s Major Regulations 50 Percent Higher than Bush
Back in 2012, President Obama emphasized that he had issued fewer rules in his first three years as president than his predecessor President George W. Bush.
Washington Examiner
Regulation Nation: Obama Issues Nearly 50% More Costly Regs Than Bush
The Washington Examiner cites Wayne Crews' work comparing President Bush's regulations to President Obama's: "According to an analysis by Clyde Wayne Crews Jr.,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Regulators had much to be thankful for during the short Thanksgiving work week, with new rules covering everything from grocery store ads to wireless signal…
Washington Examiner
Easy Come, Easy Go
The Federal Reserve announced Oct. 29 that it was ending quantitative easing, its program to keep interest rates low. Two days later and halfway around…
Blog
Washington’s Thanksgiving Turkeys: Here Are All of the White House’s 200 Economically Significant Rules
As usual, the president will pardon a turkey again this year for Thanksgiving; For us turkey eaters, though, our federal holiday treat is lots and lots…
News Release
Thanksgiving Regulation Report: 3,415 Rules & Regs
Just before the Thanksgiving holiday, the federal government dropped its Unified Agenda of Federal Regulatory and Deregulatory Actions, which is supposed to shed some light…
Blog
The Federal Register Topped 70,000 Pages Today
The Federal Register, where federal agencies’ daily rules, regulations, notices, “guidance,” bulletins and other material accumulate each day, just topped 70,000 pages for 2014. 70,052…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a bit of a slow week as these things go, but regulators still published new rules on everything from stress testing to sage…
Forbes
Big Sexy Holiday Fun With The 2014 Unified Agenda Of Federal Regulations
The fall Unified Agenda of Federal Regulatory and Deregulatory Actions always seems to appear just before the Holidays. You know, when nobody’s really looking. The…
Blog
President Obama’s Executive Overreach Compounded by Regulatory Dark Matter
In recent years the Federal Register has topped out at well over 70,000 pages, two times at more than 80,000. Each year over 3,500 rules issue from…
Forbes
U.S. Senate Keystone Pipeline Defeat Shows The Hazards Of Over-regulation
The meek shall inherit the Earth, but not its mineral rights. …
Study
Top 5 Things Congress Should Consider During Lame-Duck Session
View the document here During Congress’ lame-duck session, both Republicans and Democrats will dig into a number of stalled pieces of legislation…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register took Tuesday off to observe Veterans’ Day. The short week was still a busy one, with Thursday’s edition alone totaling 783 pages. On to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Election week was a busy one on the regulatory front, with new rules on everything from fuel taxes to wireless spectrum. With the Senate changing…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In the final week before the midterm election, agencies published new regulations ranging from dairy profits to Japanese oranges. Fittingly, the total number of new…
Fox Business
What Small Business Owners Think About Income Tax
Fox Business cites Wayne Crews' work on regulatory compliance costs: With so much revenue potential when taxpayers and businesses thrive, one would…
CEI Planet
CEI Planet – Fall 2014
Blog
How Federal Paperwork and Red Tape Has Grown since President Clinton
In recent five-part series called The 2014 Federal Paperwork and Red Tape Roundup, I took a look at hours of paperwork for various departments and…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was business as usual, with new rules hitting the books on everything from political speech restrictions to butterflies to football broadcasts. On to the…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 5: Executive Agency Regulatory Costs
In Parts 1 through 4 of The 2014 Federal Paperwork and Red Tape Roundup we compiled a basic picture of federal paperwork costs with respect to…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 4: Independent Agency Paperwork Costs
A recent post here at OpenMarket noted the Annual Costs of Independent Agency Rulemakings and presented an annual cost placeholder of $6.14 billion annually stemming from compliance with…
Blog
The Great Unknown – Federal Independent Agencies’ Regulatory Costs
Let’s be independent together! —Herbie the Dentist Elf to Rudolph in Rudolph the Red-Nosed Reindeer Independent agencies are not subject to Office of Management and Budget…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The federal government took Monday off for Columbus Day, but still managed to pack more than 50 new regulations into a short week. On to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Even with a mid-term election coming up next month, agencies are cranking out a dozen or so new regulations every workday. The federal government also…
Blog
A Pen and Phone Strategy to Shrink Government
President Obama is right that Congress doesn’t do much. That’s not necessarily a bad thing, of course. But the pen and phone strategy Obama proposed…
Blog
The 2014 Federal Paperwork and Red Tape Roundup, Part 2: Billions of Dollars and 13,000 Lifetimes Annually
Whoever makes two ears of corn, or two blades of grass to grow where only one grew before, deserves better of mankind, and…
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