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: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Blog
The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Blog
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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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…
Investor's Business Daily
The Growing Threat Of “Dark Matter” Regulations
Investor's Business Daily reports on Wayne Crews' study on the growing regulatory burden created by executive orders, which are hard to detect. Author…
News Release
Mapping Washington’s Lawlessness: CEI Releases Inventory of How the Federal Government Interferes in Americans’ Lives
Today, the Competitive Enterprise released the first comprehensive report on how the executive branch goes around Congress, the American people, and the Administrative Procedure…
Study
Mapping Washington’s Lawlessness
Wayne Crews writes a preliminary inventory of “Regulatory Dark Matter.”…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
With most of December still to go, the 2015 Federal Register is already the seventh largest ever, going back to 1936. It remains on pace to set the…
National Review
Highway Robbery: Bill Gives IRS Power over Passports
Iain Murray discusses the provision to the highway bill that allows the IRS to revoke passports. This Thanksgiving, we were missing a family…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Despite a respite for Thanksgiving, the 2015 Federal Register is now on pace to set an all-time record page count. It began publication in 1936. New regulations…
Washington Examiner
Washington red tape nears new and costly record
The Washington Examiner discusses Obama Administration regulations with Wayne Crews and Ryan Young. The red tape pushed this year mimics its record in…
Daily Mail
Daily Mail editorial: Latest Obama regulations burden business growth
The Daily Mail, in their article on the regulatory burden of the Obama Administration, mentions CEI's report on the regulatory state. As the Competitive…
Blog
Washington’s Thanksgiving Turkeys: Here’s Your Chance to Fill Up on the White House’s 218 Economically Significant Rules
The president will pardon a couple turkeys again this year for Thanksgiving. The birds will take a carbon-intensive cross country flight from San Francisco International…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new regulations on the year passed the 3,000 mark last week, and the Federal Register is nearly on pace to set an all-time record…
Forbes
Big Sexy Holiday Fun With The Fall 2015 Unified Agenda Of Federal Regulations
The U.S. Office of Management and Budget’s Fall 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions is out, appearing the weekend before Thanksgiving…
Wall Street Journal
The Sweet Gig of Being a Bureaucrat
The Wall Street Journal cites CEI's study on the costs of regulation. Yet Washington’s success has no doubt contributed to America’s troubles. The Competitive…
Blog
Less than 1 Percent of Federal Regulations Get Cost-Benefit Analysis
The Obama administration likes to assert that all the rules and regulations pouring out of Washington have positive net-benefits. Billions of dollars in postulated net…
Washington Times
An easier way to rein in big government
The Washington Times mentions CEI's research on the costs of regulation. Over the past two years, the Competitive Enterprise Institute and the National…
Blog
The Mild, Mild West: Regulation in America
Over at the newly launched U.S. edition of the U.K.-based CapX wesbite, Wayne Crews and I have a short primer on U.S. regulation: America…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Wednesday’s Veterans’ Day holiday made it a short work week, but the Federal Register still passed the 70,000-page mark, with new regulations covering everything from Flugzeugbaus to…
Daily Caller
The Five most Damning Facts About Federal Regulation, In One Infographic
The Daily Caller features CEI’s infographic on federal regulations costs to the U.S. economy. CEI draws on their extensive report, Ten Thousand Commandments,…
Blog
Five Infuriating Facts about Federal Regulation
Each year, we produce Ten Thousand Commandments (10KC), an extensive report on the size, scope, and true cost of federal regulations. 10KC exposes the burdens put…
Watchdog.org
Even after stunning October jobs report, regulations are holding the economy back
Watchdog.org reviews October national jobs report and discuses the issue with Iain Murray who claims regulations may be slowing down economic growth. Iain…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
New rules last week covered everything from relaxed grape handling to unclaimed funerary objects.
Blog
Don’t Spare the ROD: An Inventory of Resolutions of Disapproval under the Congressional Review Act
Before Thanksgiving Day, both chambers of Congress are likely to consider so-called “Resolutions of Disapproval” to attempt to reject major, cripplingly expensive Environmental Protection Agency regulations…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The pace of new rules has picked up recently, with 80 or more final regulations and more than 2,000 Federal Register pages for the second straight week.
Courier-Post
COMMENTARY: GOP debate’s missing question
The Courier Post published Michelle Minton's article which discusses how the GOP candidates should have approached answering the questions on fantasy football regulations during the…
Business News Daily
Title III Crowdfunding Ruling Changes Startup Fundraising for Good
Business News Daily asks John Berlau about the Securites and Exchange Commision's approval of new rules over the sales of securities through crowdfunding.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A normal week ended with a bang, with more than 450 pages of EPA regulations swelling Friday’s Federal Register to more than 800 pages (normal is around…
National Review
Regulatory Freeze Needs to Be Part of the Deal
Iain Murray discusses regulatory reform in the National Review: Representative Bill Flores’s Terms of Credit Act, which sought to pair the debt limit…
The Hill
What went unsaid at first Democrat debate
The Hill references Wayne Crews on the missing report to Congress on the costs and benefits of regulation. Inquiries to the SBA about…
Blog
Wayne Crews’s Essay Recognized as Part of 2015 Fisher Award
A collection of essays on the economic challenges facing the United States, as well as paths for recovery, were published by The Fraser Institute in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week for the federal government due to the Columbus Day holiday. But agencies still found the time to publish new…
Daily Iowegian
Rein in Washington’s overgrowth
U.S. Senator Chuck Grassley references Wayne Crews' study on federal regulation's cost to Americans in the senator's news release. Federal regulations create a…
Boston Herald
As You Were Saying… Cut Regs to Get ‘Back to Future’
The Boston Harold cites the Competitive Enterprise's report that details the cost of federal regulations on American consumers and businesses. Yet while technology…
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