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
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Fox Business
Cost of Federal Regulation: $1.88 trillion
Fox Business features Wayne Crews' Ten Thousand Commandments report. The Competitive Enterprise Institute (CEI) is out with its annual report that estimates that the U.S.
Blog
Ten Thousand Commandments 2015: A Fact Sheet
Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope and cost of federal regulations, and how they affect American…
News Release
Report Reveals Hidden Tax of Federal Regulation Reaches $1.88 Trillion
In the latest edition of Ten Thousand Commandments released today, the Competitive Enterprise Institute (CEI) reveals the latest on the large, growing “hidden tax”…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Last week’s raft of new rules covers everything from school lunch workers to Flugzeugbau gliders. On to the data: Last week, 65 new final regulations…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 1,000th new regulation of 2015 was published in Friday’s Federal Register, which itself hit the 25,000-page mark on the year. Even so, agencies are still…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big news in regulation for the week came from Canada, which made official its one-in, one-out policy for new regulations. New regulations from agencies…
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