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…
Search Posts
Study
Advance a Global Pro-Trade Agenda
Liberate to Stimulate Index Increasing liberalization of world trade is a key factor behind the dramatic increase in global prosperity since the…
Study
Rein in the $1.75 Trillion Regulatory State
Liberate to Stimulate Index Regulations are frequently anti-competitive and anti-consumer. They cost consumers hundreds of billions of dollars every year. Policy makers…
Study
Avoid Energy and Global Warming Policies that Pose Greater Risks than Global Warming
Liberate to Stimulate Index Global warming has been described as the greatest threat facing mankind, but the policies designed to address global…
Study
Recognize the Value of Hedge Funds and Private Equity for Entrepreneurs and Shareholders
Liberate to Stimulate Index Hedge funds and private equity are vehicles for wealthy investors to take risks and potentially reap high returns.
Study
Reform Federal Agriculture Programs
Liberate to Stimulate Index With America’s economy struggling to roar back to strong growth and a deficit approaching $1 trillion, policy makers…
Study
Free Smaller Companies to Go Public by Rolling Back Burdensome Sarbanes-Oxley Accounting Rules
Liberate to Stimulate Index In CEI’s last Agenda for Congress, we recommended that “smaller public companies be exempt from Sarbanes-Oxley’s Section 404.”…
Study
Encourage Credit Access Innovation
Liberate to Stimulate Index The abuses of the subprime crisis have made it all too easy to overlook the myriad…
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Reining in America’s Regulatory Leviathan: America Gets a Second Chance
Liberate to Stimulate Index We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our…
Blog
NLRB Litigates for Less Freedom
In another demonstration of the overreaching power of the federal government, the National Labor Relations Board (NLRB) is preparing to sue Arizona, South Carolina, South…
Study
Liberate to Stimulate
We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our economy. Taxes and spending receive plenty of…
Blog
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
On Tuesday, the Financial Stability Oversight Council may issue its recommendations for implementing the Volcker Rule, the provision of the Dodd-Frank financial legislation that bans so-called proprietary trading…
Blog
Morning Media Summary
Tech: Facebook: Goldman Sachs excludes US investors from deal: “Investors from outside America will be able to take part in…
Op-Eds
Obama Needs To Confront Regulation
Today President Obama released an Executive Order called “Improving Regulation and Regulatory Review.” It calls for a government-wide review of rules,…
News Release
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
Contact: Christine Hall, 202-331-2258 Lee Doren, 202-331-2259 Washington, D.C., January 18, 2011 – Today, the Financial Stability Oversight Council is issuing recommendations for implementing…
News Release
Obama Executive Order on Reg Reform – Far Too Little, Far Too Late
Washington, D.C., January 18, 2011 — Statement by Wayne Crews, CEI Vice President for Policy Today, President Obama released an Executive Order called…
Citation
Obama’s Version of Regulatory Reform
Fox News
Jobs and Regulation — Is Obama Finally Getting Serious About Solutions?
Fox News discusses the size of the regulatory state with Wayne Crews. According to the Competitive Enterprise Institute’s Wayne Crews, the regulatory state stood…
Government Executive
Obama orders review of agency regulations
Government Executive discusses executive overreach and its effects with Wayne Crews. But others said the changes are too little and too late. The…
Blog
Morning Media Summary
Tech: Google Release Chrome 8.0.522, Pays $14,000 in Bug Bounties: “Google has released version 8.0.552.237 of its Chrome browser, which includes fixes for…
Government Executive
Debit Card Price Controls May Help Businesses, but Hurt Consumers
Blog
Morning Media Summary
Tech: Person Tweeting Death Wish for Palin Now Wants Privacy: “Now YouTube is threatening to pull the video because one of the people…
Blog
Benefits of Cutting White Pages Distribution
After asking why so many states get involved in TelCo activity (requiring that phone books get distributed in hard copy, even over phone companies’ vigorous…
NCPA
The Limitations of Public-Private Partnerships
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CEI Podcast for January 12, 2011: Public-Private Partnerships
Land-use and Transportation Policy Analyst Marc Scribner talks about his new CEI Issue Analysis, "The Limitations of Public-Private Partnerships."…
Blog
US Loses Ground in 2011 Index of Economic Freedom
The U.S. dropped from 8 to 9 on the just-released “Index of Economic Freedom” put out by the Heritage Foundation and the Wall Street…
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Why Do States Still Require Phone Books to Be Delivered?
Did you know that some states require companies to deliver phone books to state residents? Never mind the fact that most people don’t use phone…
Blog
Villaraigosa: Brown’s Elimination of Redevelopment Agencies “a Non-Starter”
Pro-smart-growth, “green” Los Angeles Mayor Antonio Villaraigosa is upset with Governor Jerry Brown’s remarkably sensible decision to shut down the state’s 425 redevelopment agencies, including…
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Troubles in Central Planning: New York City Cabs
Via the New York Times, an article with empirical evidence that regulatory incentives encourage cabs to disappear around 5pm, just when they are needed…
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Morning Media Summary
Tech: Verizon iPhone Could Double U.S. Mobile Games Industry This Year: “Earlier today, Verizon and Apple finally confirmed what everyone knew was coming:…
NCPA
The FDA Needs Strong Medicine
Christmas came a couple of weeks late to the business sectors regulated by the Food and Drug Administration. The greatest threat to the success of…
Blog
Morning Media Summary
Tech: Iceland protests to U.S. over Twitter data demand: “Iceland called in the U.S. ambassador in Reykjavik on Monday to register its displeasure…
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Morning Media Summary
Tech: Twitter endorsements face OFT clampdown: “How does a celebrity declare their affiliations to certain brands in fewer than 140 characters? Many may…
Blog
Dodd-Frank Financial “Reform” Violates Property Rights and Equal-Protection Guarantees
Last week, I described how the Dodd-Frank financial “reform” law passed last summer violates constitutional separation-of-powers safeguards by giving unaccountable bureaucrats the…
Blog
Dodd-Frank Violates Separation of Powers and Constitutional Checks and Balances
In a recent edition of the Washington Post, former White House counsel C. Boyden Gray noted that the sweeping Dodd-Frank financial “reform” law passed…
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Morning Media Summary
Tech: Hackers find new way to cheat on Wall Street – to everyone’s peril: “High-frequency trading networks, which complete stock market transactions in…
Blog
CEI Podcast for January 6, 2011: D.C.’s Plastic Bag Tax
Warren T. Brookes Journalism Fellow Kathryn Ciano talks about Washington, DC's five-cent tax on plastic bags.
Blog
More Signs of Incompetence in Washington, D.C. Transit System
In the latest sign of dysfunction at the Washington Metropolitan Area Transit Authority (“Metro”), the struggling subway system has appointed a supervisor of escalators…
Blog
What Government Unions Want: One, Two, Many Californias
That the large Republican gains in the 2010 midterm elections pose a setback for organized labor’s agenda is hardly news. What will be newsworthy is…
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Morning Media Summary
Tech: HHS is Paying Google with Taxpayer Money to Alter ‘Obamacare’ Search Results (Updated): “The brazenness of the Obama administration never ceases to…
NCPA
Ag Roundup: New GOP House May Strip Food Safety Law … Can GE and Non-GE Alfalfa ‘Co-Exist?’
One News Show
Record-breaking federal report
The WHIR
What’s hampering innovation?
The WHIR discusses regulation approval processes with Wayne Crews. Wayne Crews of the Competitive Enterprise Institute took the first position. He feels that…
Blog
New York Snow Debacle Shows: It’s Government Unions vs. Taxpayers
The longstanding alliance between Democratic politicians and government employee unions has come under increasing strain, as I recently noted in a Washington Times op…
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Morning Media Summary
Tech: CES 2011 Predictions: 7 Trends To Watch At The World’s Biggest Tech Show: “Las Vegas is currently gearing up for the Consumer…
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Morning Media Summary
Tech: Court OKs searches of cell phones without warrant: “The California Supreme Court allowed police Monday to search arrestees’ cell phones without a…
Blog
New Jersey Trying to Seize Unused Gift Card Balances
That's one way to fix a busted budget. Here's another: spend less.
Blog
TSA’s High Failure Rate Is the Least of its Problems
If policymakers were rational, they would give twenty times more attention to lightning strike prevention than to terrorism. But they aren't, and they don't.
Blog
Morning Media Summary
Tech: The 10 best Android hacks: “The web’s massed fanboy armies will debate the relative merits of iOS and Android until the apocalypse,…
One News Show
IRS’s tax help could hurt, says critic
One News Show
Manufacturing Unemployment
For most Americans, persistently high unemployment is a new development — but employment in the manufacturing sector has been taking a beating for decades. Painful…
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