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: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
Blog
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Search Posts
Blog
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
Blog
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of…
Letters
CEI Joins ATR’s Coalition Letter in opposition to Banning, Over-Regulating Drug Ads
Dear Members of Congress, We, the undersigned organizations, write in opposition to recent efforts to quash direct-to-consumer (DTC) advertising of prescription drugs.
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President…
Blog
Free the Economy podcast: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new…
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to…
Blog
Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability…
Blog
America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious…
Blog
The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading…
Blog
Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and…
Blog
The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes…
Blog
Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute…
Letters
CEI Joins American Commitment’s Coalition Letter Urging Passage of the Missouri REINS Act
The clock is running out on the current legislative session, and with it, a critical opportunity to establish effective legislative control of major regulations…
Blog
The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs…
Issues and Insights
After Iran, Trump Needs To Bomb The Administrative State Into Submission
Issues and Insights cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “The regulatory…
Reason
Report: Federal Regulatory Compliance Costs $2 Trillion Annually
Reason cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “Federal regulation’s total compliance…
Blog
The week in regulations: Spinach proteins and seat belt reminders
The Artemis II mission landed safely after orbiting the moon. Inflation took a huge jump in March from the Iran war’s effects on energy…
Blog
Ten Thousand Commandments 2026 is out now
Today is release day for this year’s edition of Wayne Crews’ Ten Thousand Commandments. This year also marks the 30th anniversary of CEI’s…
Blog
Free the Economy podcast: Consumer-regulated energy with Travis Fisher
In this week’s episode we cover economic growth in China, the political legacy of Viktor Orban in Hungary, and the…
Politico
Ethics, DeFi and memecoins, oh my
Politico cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. The Competitive Enterprise Institute…
InsideEPA.com
CEI questions Trump’s deregulatory agenda
InsideEPA.com cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. The Competitive Enterprise Institute…
The Washington Times
Impact of Trump’s 646 deregulatory actions diluted by tariffs, executive orders
The Washington Times cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. Report author…
News Release
Report: Regulations cost $2 trillion annually, but only Congress can fix the problem
The Competitive Enterprise Institute today released its annual report documenting the vast burden that federal regulations impose on American businesses and citizens. “Government regulations continue…
Products
Chapter 13: Getting things undone: An agenda for rightsizing Washington
We close with an appeal to restore enumerated powers. This would solve the overregulation dilemma, and would have prevented it in the first place. Reforms…
Products
Chapter 7: Unified Agenda of regulatory actions
Along with the Report to Congress, the Federal Register, and the Code of Federal Regulations, another vehicle for regulatory disclosure is the spring and fall…
Products
Chapter 5: Over 19,000 agency public notices annually
Presidents issue a few dozen memoranda and other proclamations each year. Departments and agencies, however, issue thousands of public notices in the Federal Register every…
Products
Chapter 4: Regulatory dark matter
Although executive actions are typically understood to deal with the internal operations of the federal government, they increasingly can have binding effects and influence private…
Products
Chapter 10: Federal rules affecting state and local governments
State and local officials’ concerns about federal mandates overriding their priorities resulted in passage of the Unfunded Mandates Reform Act (UMRA) of 1995. The law…
Products
Chapter 2: Why we need a regulatory budget
Federal spending programs are funded either by taxes or by borrowing, with interest, from future tax collections. The public can readily inspect the costs of…
Products
Chapter 8: Economically significant rules
From 1993 until April 2023, rules with annual economic effects of at least $100 million were classified as economically significant. Biden’s EO 14094 raised the…
Products
Chapter 9: Federal regulations affecting small business
The National Association of Manufacturers report reaffirmed that average annual per-employee regulatory costs vary by firm size. The smaller the organization, the higher the per-employee…
Products
Chapter 3: Numbers of rules and page counts in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its page counts are often cited as a…
Products
Chapter 1: Trump 2.0: Year one and the regulatory state’s uneven reset
“It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional Federal statutes, and to…
Products
Chapter 11: GAO database on rules and major rules
The federal government’s regulatory reports and databases serve different but intertwined purposes. The Federal Register presents all proposed and final rules, along with numerous presidential…
Products
Chapter 6: A note on rule reviews at OMB
Rule reviews at OMB are a useful variable to examine alongside costs, page counts, rule counts, and guidance documents, among others. Figure 17 depicts 449…
Products
Chapter 12: The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests legislative power in Congress. In practice, however, administrative agencies issue the vast majority of binding rules governing economic activity…
Study
Ten Thousand Commandments 2026
Introduction Record federal spending and record-setting regulatory burdens often march in lockstep. New spending is straightforward to track, but regulations obliging the private sector…
Blog
The week in regulations: Lead paint and mailing firearms
Gas prices topped $4.00 per gallon. The one-year anniversary of President Trump’s Liberation Day tariffs was solemnly observed. Trump fired Attorney General Pam Bondi.
Freedom Works Radio
AUDIO: CEI’s Wayne Crews Joins Freedom Works Radio to Discuss the 2026 Release of Ten Thousand Commandments
CEI’s Clyde Wayne Crews joined Freedom Works Radio to discuss the current state of regulations in America, as outlined in his new report, 2026’s…
Blog
Free the Economy podcast: Kids, social media, and the First Amendment with Jessica Melugin
In this week’s episode we cover budget reconciliation and deficit spending, the burdens of Total Boomer Luxury Communism, and how to…
Blog
Federal regulation 1st quarter 2026 report: Bureaucracy on the back foot
Here at the close of the first quarter of 2026, the March 31 Federal Register stands at 16,115 pages, containing 609 final rules and…
Blog
The week in regulations: Resettling refugees and sea otter casualties
TSA lines reached their longest-ever wait times, bolstering the case for privatizing airport security. President Trump’s signature will appear on US currency starting later…
Blog
Free the Economy podcast: Population and abundance with Gale Pooley
In this week’s episode we cover income inequality, myths about homelessness, First Amendment protections for AI, and reforming unfunded…
Bloomberg Law
Trump’s Deregulatory Project Gets Mixed Grade in New Report
Bloomberg Law cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. The…
Blog
The week in regulations: Library pictures and aerobatic airplanes
The Iran war entered its fourth week. ICE agents might be reassigned to airport security. The Federal Reserve held interest rates steady. President Trump…
Blog
Free the Economy podcast: Enduring policy principles with Richard Stern
In this week’s episode we cover housing affordability, labor unions and train safety, the late Paul Ehrlich (1932-2026), and the…
Blog
Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI…
Blog
The missing guardrail in crisis politics: Discipline
Modern American governance has developed a troubling pattern. Economic shocks like the 21st century’s financial panics and pandemic are often met with vast expansions…
Blog
The week in regulations: Music royalties and avocado maturity
The Iran war continued to raise oil prices. The Trump administration took steps to raise tariffs under Section 301 of the 1974 Trade Act,…
Blog
Free the Economy podcast: Regulating finance with James Copland
In this week’s episode we cover the 250th anniversary of Adam Smith’s Wealth of Nations, fighting fraud in broadband deployment, and…
Blog
The week in regulations: Shellfish inclusion and paper manifest sunsets
The labor force shrank by 92,000 jobs in January. Oil prices spiked. Twenty-two state attorneys general filed a lawsuit against President Trump’s Section 122…
Blog
Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia…
Blog
The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly,…
Blog
The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register…
Blog
Minimum lot sizes, maximum costs
When Americans think about the housing affordability debate, they tend to picture cranes, lumber prices, or mortgage interest rates. It is certainly important to…
Blog
Politicians should push deregulatory initiatives – not investor limits – to boost housing affordability
Both President Trump and Democrats in Congress seem to blame the high costs of housing on certain groups of real estate investors and to…
News Release
Environmental problems deserve free market solutions: Our Words
Today, the Competitive Enterprise Institute is pleased to publish CEI President Kent Lassman’s lecture entitled The Environment, the Law, Markets, and the…
Study
The Environment, the Law, Markets, and the Path Forward
Introduction The Pharos Foundation at Jesus College, a constituent college of the University of Oxford, invited me to speak at an on-campus forum in…
Blog
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute.
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may…
Blog
The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations…
Blog
Free the Economy podcast: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar…
Blog
Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past…
Blog
The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent…
Blog
Free the Economy podcast: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and…
Blog
The week in regulations: Homework gaps and cannabimimetic agents
At Davos, President Trump withdrew his threats to invade Greenland and tariff European countries. The Supreme Court appeared skeptical about his attempt to fire…
Blog
Free the Economy podcast: Permitting for speed with Grant Dever
In this week’s episode we talk about making a living in podcasting, confronting our mounting national debt, and assessing President Trump’s…
Blog
The executive order explosion: When counting counts
What stands out in the Trump administration is the unnerving tension between executive orders (EOs) that shrink government and those that expand it.
Blog
The week in regulations: Neck floats and glazed bus portals
President Trump opened a criminal investigation into Federal Reserve Chair Jerome Powell. He also proposed capping credit card interest rates at 10 percent, effective…
Blog
Free the Economy podcast: Total boomer luxury communism with Russ Greene
In this week’s episode we talk about Trump’s 10 percent credit card interest proposal (and the dangers of populist economics in…
Blog
The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts…
Blog
The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new…
Blog
Free the Economy podcast: FDR’s political legacy with David Beito
In this week’s episode we talk about communist housing policy in New York City, the best economics and history books to…
News Release
Report urges yearly sunset for all government regulations following Idaho success
A new Competitive Enterprise Institute report urges an annual sunset date for all government regulations, offering a case study on this reform already implemented…
Blog
New CEI study: Zero-based regulations
A new CEI study by Alex Adams looks at a regulatory reform approach that succeeded in Idaho: zero-based regulation. The idea is similar…
Study
The Beauty of Regulatory Sunsets
Introduction In 2019, Idaho pioneered zero-based regulation (ZBR), an orderly approach to statewide regulatory reform. Like zero-based budgeting, ZBR starts with the presumption that…
Letters
CEI Joins ATR in Free-Market Coalition Urging Approval of Warner Bros. Discovery Acquisition
Dear Members of Congress, The proposed acquisition of Warner Bros. Discovery, Inc. by an existing studio would provide great benefits to consumers. Regulators…
Blog
Free the Economy podcast: China’s economy and the US with Derek Scissors
In this week’s episode we talk about corporate real estate investing, woke pension funds, changing fuel economy rules, and questions…
Blog
The week in regulations: 2025 year-end special
Happy New Year, everyone. The final numbers for 2025’s regulations are in. The first half of this post summarizes those numbers and compares them…
Blog
Trump slashed rulemaking in 2025. The hard part starts in 2026
The new year, 2026, marks nearly the first full year of Donald Trump’s second administration. It’s a moment to assess whether regulatory liberalization has…
Blog
The week in regulations: Neck floats and stablecoins
Unemployment went slightly up, and inflation went slightly down. President Trump gave a primetime speech, and earlier in the week commented on Rob Reiner…
Blog
Free the Economy podcast: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs…
Blog
Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in…
Blog
The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging…
Blog
The week in regulations: Cable television rates and estate sales
President Trump announced an easing of vehicle fuel economy standards. Netflix struck a deal to buy Warner Bros. and HBO. The Defense Secretary is…
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