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
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Blog
The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
Blog
An executive order to make freedom mandatory
The White House Office of Management and Budget’s (OMB) new “Streamlining the Review of Regulatory Actions” memorandum signals a potentially transformative shift in Washington’s…
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News Release
New Ten Thousand Commandments report evaluates the sweeping hidden tax of regulation; Provides definitive assessment of Trump deregulatory legacy
The Competitive Enterprise Institute issued Ten Thousand Commandments 2021: An Annual Snapshot of the Federal Regulatory State today, a report by Vice President for…
Blog
The 2021 Edition of Ten Thousand Commandments Is Out Now
How much does regulation cost? It’s hard to tell, due to a lack of transparency. The government is legally required to tell the public how…
Products
Tens of Thousands of Pages and Rules in the Federal Register
Download Chapter 5 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its…
Products
Liberate to Stimulate
Download Chapter 10 as a PDF Policy makers frequently propose spending stimulus to grow or strengthen economies. That was certainly the case in the…
Products
Another Dimension of Regulatory Dark Matter: Over 22,000 Public Notices Annually
Download Chapter 7 as a PDF Without actually passing a law, government can signal expectations and influence various industries—including health care, retirement, education, energy…
Products
What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
Download Chapter 4 as a PDF If real debt levels on the fiscal budget and entitlements can be vastly higher than the public is…
Products
Swamp Things—Trump’s Discordant Regulatory Impulses Offset His Deregulatory Successes and Expanded the Administrative State
Download Chapter 2 as a PDF President Trump attempted to prune rules and costs and held down regulatory output with more enthusiasm than other…
Products
The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Download Chapter 6 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking.” They merit…
Products
Toward a Federal “Regulatory Budget”
Download Chapter 3 as a PDF When Congress spends, no one questions that disclosure is necessary for voters to hold representatives accountable. Federal expenditure…
Products
Executive Summary – Ten Thousand Commandments 2021
Download the Executive Summary as a PDF Now a relic, spending control and deficit restraint are indispensable to a nation’s stability and long-term economic…
Products
Bookending the Trump Era: Seven Efforts to Reduce and Streamline Regulatory Flows
Download Chapter 1 as a PDF This 2021 edition of Ten Thousand Commandments begins with a survey of approaches the Trump administration took during…
Products
Government Accountability Office Database on Regulations
Download Chapter 9 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number…
Products
Analysis of “The Regulatory Plan and Unified Agenda of Federal Regulations”
Download Chapter 8 as a PDF One of the goals of regulatory reform should be to improve disclosure and enhance its relevance to rulemaking.
Study
Ten Thousand Commandments 2021
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
The Washington Times
Trump-Dependent Media Feels the Pinch
The Washington Times cites CEI’s 10KC study by Vice President for Policy Wayne Crews: The Competitive Enterprise Institute will issue on Wednesday…
Forbes
Here Are the 298 Costliest Rules in the New Unified Agenda of Federal Regulations
No matter the presidential administration, federal agencies issue thousands of rules and regulations every year compared to a relative handful of laws passed by…
Forbes
The New White House Unified Agenda of Federal Regulations Promises Government Activism
Federal agencies outline their regulatory priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the “Agenda”) each Spring and Fall. The…
Blog
This Week in Ridiculous Regulations
The economic recovery continues, but Congress is still intent on passing unneeded stimulus and infrastructure spending. Inflation is also up, and five antitrust bills are…
News Release
Unified Agenda of Federal Regulation Reflects Biden’s Campaign Against Transparency for the Administrative State
The Biden Administration today released the Spring 2021 Unified Agenda of Federal Regulation, the first regulatory agenda for President Joe Biden. CEI Vice President…
Blog
CPI Inflation Indicator Hits 5 Percent: Not Stagflation, But a Useful Warning
The Consumer Price Index (CPI) for May came out this morning. At 5 percent, it was higher than expected. CPI has its flaws…
Blog
Stimulating the COVID Recovery without Trillions in Spending
Over at Inside Sources, I make the case that deregulation, freer trade, and continued vaccinations will do more to open up the economy than…
Blog
This Week in Ridiculous Regulations
Unemployment is back under 6 percent, and it’s looking more and more like the economy is reverting back to trend. We’re not there yet, but…
The Wall Street Journal
Flying the Politically Correct Skies
The Wall Street Journal cites Vice President for Policy Wayne Crews on Biden’s federal budget: Wayne Crews of the Competitive Enterprise Institute …
Forbes
Post-Covid Warning: Fence Federal Regulation and Spending Before the Next Economic Shock
Does it make sense as an ongoing tenet of public policy to regard a few weeks or months of business disruption, like that characterizing the…
Blog
This Week in Ridiculous Regulations
CEI’s Wayne Crews looked at the Biden administration’s dismantling transparency reforms for guidance documents and warned that political spending on scientific research would…
Blog
EPA Follows Through on Biden Directive to Hide Guidance Documents from the Public
Before President Joe Biden signed an executive order called Revocation of Certain Executive Orders Concerning Federal Regulation that, among much else, instructed federal agencies…
News Release
Some Good News in April 2021 Job Numbers
The unemployment rate didn’t budge much in April, according to just-released data from the Labor Department, but CEI labor policy expert Sean Higgins…
Marketplace
Democrats In Congress In No Hurry To Overturn Trump-Era Regulations
Marketplace cites Senior Fellow Mario Loyola on regulatory reform: Mario Loyola at the Competitive Enterprise Institute said that’s because Republicans were on…
Forbes
Laws Have Mercy: Here is How Biden is Restricting Access to Regulatory Guidance Documents
A significant component of Joe Biden’s first 100 days has been the rapid reversal and work-in-process unwinding of former president Donald Trump’s efforts to…
Las Vegas Review Journal
EDITORIAL: Infrastructure Package Meets Federal Red Tape
The Las Vegas Review-Journal cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: The projects that might survive the legislative process as…
Bloomberg Law
Biden Infrastructure Plan Has Unlikely Ally in Trump Permit Redo
Bloomberg Law cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: Mario Loyola, who served as CEQ’s associate director for regulatory reform…
News Release
CEI Commends Sen. Lankford for Introducing Pandemic Preparedness, Response, and Recovery Act
On Thursday, Senator James Lankford (R-OK) introduced the Pandemic Preparedness, Response, and Recovery Act. The bill would establish an independent commission to…
National Affairs
Putting Regulators on a Budget
National Affairs cites Vice President for Policy Wayne Crews on the cost of regulation: Separately, in 2015, regulatory analyst Clyde Wayne Crews…
Washington Examiner
Congress must reassert its legislative authority
It is tempting to claim that resource allocation questions are starker than ever. The classic formulation in political science is guns or…
News Release
CEI Offers Reform Ideas to Congress Aimed at Fostering Resilience and Promoting Economic Renewal
Today the Competitive Enterprise Institute (CEI) offered a set of policy reform goals for the 117th Congress focused on economic stimulus and regulatory…
Products
Free to Prosper: Banking and Finance
View the full chapter on banking and finance here Access to capital, credit, and financial services are fundamental to the operation of a free…
Products
Free to Prosper: Labor and Employment
View the full chapter on labor and employment here Increases in productivity, not artificial increases in labor prices, are the key to economic growth…
Products
Free to Prosper: Regulatory Reform
Read the full chapter on regulatory reform here The COVID-19 pandemic changed a lot of things. One of those things is regulation. People quickly…
Products
Free to Prosper: Technology and Telecommunications
View the full chapter on technology and telecommunications here Few economic sectors rival the technology and telecommunications industries in how rapidly—and momentously—they have evolved.
Products
Free to Prosper: Food, Drugs, and Consumer Freedom
View the full chapter on food, drugs, and consumer freedom here Few matters are as important to individuals as the foods they eat, how…
Products
Free to Prosper: Medical Technology and Health Care
View the full chapter on medical technology and health care here American consumers benefit from a bounty of choice, competition, and innovation in health…
Products
Free to Prosper: Trade
View the full chapter on trade here The new Congress has two urgent tasks on trade policy. First, it needs to help heal the…
Products
Free to Prosper: Transportation
View the full chapter on transportation here Mobility is one of our most important needs, one we often take for granted until it is…
Products
Free to Prosper: Energy and Environment
View the full chapter on energy and environment here REJECT THE GREEN NEW DEAL AND SIMILAR CENTRAL PLANNING SCHEMES The Green New Deal (GND),…
The Washington Times
With an Eye on Prosperity
The Washington Times cites CEI’s publication, Free to Prosper, and related online event: The Competitive Enterprise Institute will release “Free to Prosper,”…
National Review
Tyrannosaurus Regs and Regulatory Dark Matter: Biden’s Accountability Deficit on Regulation
Washington’s new motto is: When you run out of other people’s money, keep spending anyway. It’s a sad state of affairs when a national debt …
Forbes
The Best American Rescue Plan Is An “Abuse-Of-Crisis Prevention Act”
If limits exist that constrain politicians and the legislation they can enact in the name of crisis, rescue or stimulus, it is unclear what they…
Politico
Biden Won’t Release White House Virtual Visitor Logs
Politico cites CEI’s 2020 edition of 10 Thousand Commandments by Vice President for Policy Wayne Crews: In addition, Republican…
The Western Journal
Trump Program Saved $160 Billion, Cut Regulatory Costs 90% – Biden Killed It
The Western Journal cites Vice President for Policy on the impact of President Biden’s regulatory actions: “I don’t think progressives think regulations…
Fox Business
Biden on Day 1 Scrapped Trump Rule that Helped US Save $160 Billion: Report
Fox Business cites Vice President for Policy Wayne Crews on regulations and the Biden administration: But Clyde Wayne Crews, a vice president…
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