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
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
Blog
The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
Search Posts
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…
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