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 Regulatory Plan needs a regulatory plan
As the Trump administration’s early emphasis on the Elon Musk-led Department of Government Efficiency, or DOGE, has tapered off, so too has its emphasis…
Blog
Third-party reviewers expand permitting capacity without expanding government
Housing permitting reform has become one of the few housing policies to attract support across the political spectrum. States as politically diverse as…
Blog
The week in regulations: Fresh produce guidance and naval weapon storage
Inflation remained above target for a 64th consecutive month. President Trump signed an executive order to revise vaccine recommendations. Agencies issued new regulations ranging…
Search Posts
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:…
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…
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