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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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…

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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…

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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…
Search Posts
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More than Taxing and Spending
The cost of government is far more than it taxes and spends. The Pittsburgh Tribune-Review’s editorial board agrees, as they opined yesterday:…
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CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Potato Administrative Committees to Segelflugzeugbau sailplanes.
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The cost of regulations: Economic tyranny
The big-government Obama administration’s propensity for end runs around Congress exacerbates the unchecked growth of federal regulations that diminish both liberty and prosperity.
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Regulation of the Day Update: Olive Oil Victory
I recently posted that new EU regulations would require restaurants to use factory packaged and sealed bottles of olive oil. This would put small…
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Anti-Business and Anti-Freedom: The United Nations Convention on the Rights of Persons with Disabilities
In the American Spectator, CEI Vice President for Strategy Iain Murray and Geoffrey McLatchey explain why the Senate should be skeptical of the United Nations Convention…
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Does Austerity Really “Kill”?
Does austerity kill? In a recent New York Times op-ed, David Stuckler and Sanjay Basu claim that fiscal austerity leads to a worsening of health…
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CEI Podcast for May 22, 2013: Twenty Years of Ten Thousand Commandments
The twentieth anniversary edition of Ten Thousand Commandments was released this week. Author Wayne Crews discusses the study, and how regulation has evolved over the…
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Possible Unintended Consequences in New Obamacare Regulation
The PCIP program gives health care providers an incentive to refuse treatment to people who desperately need it.
One News Now
CEI report: Uncle Sam loves his regulations
Americans spent an estimated $1.8 trillion in 2012 to comply with federal regulations, reports the Competitive Enterprise Institute. The public policy organization has just released…
Breitbart
Cost of Complying with U.S. Regulations Higher Than Canada’s GDP
$1.8 trillion buys a lot of red tape. That’s how much the federal regulatory machine is costing Americans each year, according to the…
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Ten Thousand Commandments Released Today
Over at the Daily Caller, Wayne and I briefly summarize of few of the report’s findings.
Study
Ten Thousand Commandments 2013
The scope of federal government spending and deficits is sobering. Yet the government's reach extends well beyond taxation and spending. Federal regulations cost hundreds of…
Daily Caller
The Towering Federal Register
This week marks the publication of the 20th anniversary edition of the Competitive Enterprise Institute’s annual survey of the federal regulatory state, Ten Thousand Commandments.
News Release
Ten Thousand Commandments: Regulations Increasingly Used to Enact Measures Voters Wouldn’t Approve
WASHINGTON, D.C., May 21, 2013 – In the twenty years since the creation of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory…
Products
Ten Thousand Commandments 2013: A Fact Sheet
Full Document Available in PDF 1. This is the 20th anniversary of Ten Thousand Commandments. In that time, 81,883 final rules have…
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Udall-Paul Legislation Spreads Freedom for Credit Unions and Entrepreneurs
By definition, if a bill is sponsored by Sens. Mark Udall, D-Colo., and Rand Paul, R-Ky., or any similarly odd ideological couples in the House, it…
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Regulation of the Day 231: Serving Olive Oil
Starting January 1, 2014, any olive oil served at EU restaurants “must be in pre-packaged, factory bottles with a tamper-proof dispensing nozzle and labelling in…
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10KC in WSJ
The Wall Street Journal editorial board weighed in this morning on the issue of regulation, citing a few numbers from the forthcoming 20th anniversary edition…
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CEI’s Battered Business Bureau: The Week in Regulation
This week in the world of regulation: Last week, 71 new final regulations were published in the Federal Register. This is up from 64 new final…
Wall Street Journal
Red Tape Record Breakers
President Obama is opposing a bill passed by the House last week that would require the Securities and Exchange Commission to better measure the costs…
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Regulation Roundup
Height limits for flying witches on broomsticks, mandatory street musician auditions, and more.
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Surprising Junk Science on Fox News
News stories trumping junk science are common, but I expect better from Fox News, which claims to be "fair and balanced" and hosts great shows…
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Regulation of the Day 230: The Temperature of Beer
The state of Indiana regulates the temperature at which convenience stores may sell beer. Specifically, they must sell it at room temperature. Cold beer is…
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Sorry, Daily Beast: E-Verify Will Be National ID
Daily Beast blogger Justin Green, who blogs on columnist David Frum’s Daily Beast blog, has responded to Wired’s recent article “Biometric Database of All…
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“Shocking” Truth about Government and Soap
Is your hand wash slowly killing you as government regulators sit idly by? Sounds silly, but that’s what environmentalists seem to think about an antibacterial…
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CEI’s Battered Business Bureau: The Week in Regulation
64 new regulations, from drawbridge schedules to official seals.
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Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Edition
In the June issue of Reason, one of my favorite publications, Greg Beato has an article discussing the public policy implications of autonomous vehicles, such…
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Government’s Chinatown Bus Shutdowns Based on “Statistical Malpractice”
Reason’s Jim Epstein has an article up that does a nice job debunking a National Transportation Safety Board study, prompted by a 2011…
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First Amendment Menace: Obama Administration to Expand Americans with Disabilities Act over Websites?
Can websites be forced to change to accommodate the disabled -- by using "simpler language" to appeal to the "intellectually disabled," or by making…
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How Online “Marketplace Fairness Act” Could Tax Your 401(k)
Today, the Senate likely will pass the Marketplace Fairness Act, which would force online retailers to collect sales taxes for states in which purchasers reside. Most have heard how this…
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CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from the federal flood insurance to California olives.
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CEI Podcast For May 2, 2013: Small Business Owners Sue Over IRS Obamacare Power Grab
Small business owners and individuals in six states, with help from CEI, are suing the IRS over what General Counsel Sam Kazman calls a flagrantly…
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The Costs Of Union Shareholder Activism
Is shareholder activism a good or a bad thing? That depends on what any given resolution seeks to improve the company's performance, and thereby increase…
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Did Hensarling Force Obama’s Hand On “Recess” Appointments?
They called it a "stunt" early last week when House Financial Services Committee Chairman Jeb Hensarling (R-Texas) refused to allow Consumer Financial Protection Bureau (CFPB)…
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U.S. Government Bans French Cheese Based On Food Prejudices
The U.S. government is banning a standard, normal-smelling French cheese based on its own squeamishness. The cheese in question is Mimolette, a commonplace,…
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CEI’s Battered Business Bureau: The Week In Regulation
66 new regulations, from the federal Processed Pear Committee to desert buckwheat.
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Maryland Bill Will Force Teachers To Pay For The Privilege Of Going To Work
In a recent Baltimore Sun op-ed and WorkplaceChoice.org blog post, I argue against Maryland’s Orwellian-named Fair Share Act,…
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Regulation Roundup
From adjustable headlights to going on strike over tight pants.
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CEI Podcast For April 25, 2013: Regulations Are Less Than Transparent
Every year, the Office of Management and Budget (OMB) releases a report on the costs and benefits of the previous year's new regulations. Wayne Crews…
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Why BPA (And Other Chemicals) Don’t Belong On Proposition 65
If you want to have fun in California's Disneyland, avoid reading the warning signs saying that products used in the park may give you cancer…
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Obama’s Controversial Nominee For Labor Secretary To Be Voted On
Cato Institute attorney Ilya Shapiro wrote Tuesday about “Thomas Perez, the assistant attorney general for civil rights who personifies . . . this…
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Costs Rise In Obama’s New 2013 Draft Report To Congress On The Benefits And Costs Of Federal Regulations
Last year, the Obama Office of Management and Budget’s 2012 Draft Report to Congress on the Benefits and Costs of Federal…
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CEI Study: Cost Of Keeping One Unauthorized Immigrant From Getting A Job — $13,000
If Americans truly want to ensure no unauthorized immigrants work in the United States, they better get ready to pay top dollar. E-Verify, the electronic…
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Why FAA’s Child Seat Campaign Is Deadly
Federal law allows airline passengers with children under the age of two to travel with their children on their laps. This option, which has existed…
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Earth Day: The Greener Side Of Growth
Over at Topix.com, my colleague Geoffrey McLatchey and I argue that the biggest factor for improving environmental quality is wealth creation.
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EEOC: A Scofflaw That Poisons The Climate For Hiring
One way the current political climate discourages hiring is by turning problem employees into potential lawsuits for the employers who take the risk…
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CEI’s Battered Business Bureau: The Week In Regulation
86 new regulations, from sorghum ethanol to training miners.
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CEI Podcast For April 18, 2013: CISPA Is The Wrong Approach To Cybersecurity
Today, the House passed the Cyber Intelligence Sharing and Protection Act of 2013 (CISPA). Associate Director of Technology Studies Ryan Radia opposes the bill.
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The Train Wreck That Is Obamacare
At least one union that supported passage of Obamacare, is now calling for its repeal. As The Wall Street Journal notes, the United…
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Fred L. Smith, Jr., In This Month’s Cato Unbound
This month’s Cato Unbound series focuses on the constraints of money in politics, how businesses respond to opportunities for rent-seeking, and prospects for the…
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