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
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 thinking…
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 since…
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 California’s…
Search Posts
Products
More than 22,000 Public Notices Annually
Download Chapter 6 as a PDF In addition to the Federal Register’s tally of some presidential memoranda, public notices in the Federal…
Products
Analysis of the Regulatory Plan and the Unified Agenda of Federal Regulation
Download Chapter 7 as a PDF The “Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions” (the Agenda) is where agencies…
Products
Government Accountability Office Database on Regulations
Download Chapter 8 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the…
Investor's Business Daily
Federal Regulations Now Cost Almost $1.9 Trillion, Study Finds
Investor's Business Daily reports on Clyde Wayne Crews's annual analysis on the costs of regulations. CEI’s latest “10,000 Commandments” adds up the total…
Washington Examiner
Cost of regulations under Obama reach $1.9 trillion, $14,842 ‘hidden tax’ on every family
The Washington Examiner reports on Clyde Wayne Crews's annual analysis on the costs of regulation. The annual "Ten Thousand Commandments" report from the…
Fox News
Report: Federal regulations costing US $1.9T annually
Fox News reports on Clyde Wayne Crews's annual report on the costs of federal regulations. The annual Ten Thousand Commandments report was released…
Daily Caller
Economy Hit With Hidden $1.9 Trillion Tax From Federal Regulations
The Daily Caller reports on Clyde Wayne Crews's annual report on the costs of federal regulation. Competitive Enterprise Institute (CEI) describes the thousands…
Cato Unbound
The Administrative State’s Irredeemable Devotion to Central Power
Washington Examiner
Shock report: Federal red tape eats 11% GDP, rivals ALL pretax corporate profits
Washington Examiner reports on Wayne Crews's annual report on the size and cost of the federal regulatory state. The annual "Ten Thousand Commandments" report…
The Hill
Federal regulations cost economy $1.9T in 2015, controversial study claims
The Hill discusses with Wayne Crews his annual report on the size and costs of federal regulations. The cost of federal regulations is…
Fox News
Report: Federal regulations costing US $1.9T annually
Fox News discusses the cost of federal regulations as cited in Wayne Crews's annual report. Federal regulations are now costing U.S. taxpayers and businesses…
Washington Times
Cost of complying with federal regulations hits $1.9 trillion — higher than federal tax burden
Washington Times discusses Wayne Crews's annual report on the size and cost of federal regulations. “Regulations cost more than the federal income tax,”…
Townhall
Yowza: Federal Regulations Are Costing Americans Insane Amounts of Money
Townhall reports on Wayne Crews's study on the size and cost of federal government regulation. According to a new report released by the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the Federal Register passed the 25,000-page mark, new rules for the week ranged from fluorescent lamps to disaffected youth. On to the data: Last week, 65…
The Patriot Post
Regulations Are the Ties That Bind
The Patriot Post mentions Wayne Crews's annual report on the number of federal regulations. Just how many regulations are we talking about? As of…
Blog
The Proliferation of Federal Agency Guidance Documents
Recently we looked at some prominent recent examples of federal agency guidance—costly to-dos for the private sector. Today I wanted to say just a…
Investor's Business Daily
How Overregulation Is Killing The Economy
The Investor's Business Daily highlights Wayne Crews's annual Ten Thousand Commandments report on the costs of federal regulation. The Competitive Enterprise Institute publishes…
Blog
When Bureaus Attack: Recent Examples of Federal Regulation by “Guidance Document”
In the recent paper “Why Congress Must End Regulation by Guidance Document,” I described the rise of federal agency regulatory dark matter and…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new final regulations in 2016 passed the 1,000 mark on Friday. Last week’s new rules cover everything from semipostal stamps to vapor…
Forbes
Celebrating International Mother Earth Day With A Normal Western Civilization Gas Can
It’s the weekend after International Mother Earth Day 2016, and the United States signed the Paris Climate Agreement. To President Barack Obama, the…
TheBlaze
Governing by Blog Post? Report Finds Obama Administration Creatively Imposing New Federal Rules
TheBlaze reports on Wayne Crews's report on agency's regulation through guidance documents. The Obama administration, already under fire for bypassing Congress, is also finding…
Washington Times
Policy group warns of secretive ‘regulatory dark matter’ within the federal government
The Washington Times reports on Wayne Crews's research on the practice of federal agencies regulating through guidance documents and blog posts. The government can regulate the…
News Release
Report: Washington’s “Regulatory Dark Matter” Devours Economy, Jobs
Regulators are imposing new restrictions on American businesses and economic activity through guidance documents, memoranda and even blog posts, with little oversight from Congress or…
Study
Why Congress Must End Regulation by Guidance Document
Regulators are imposing new restrictions on American businesses and economic activity through guidance documents, memoranda and even blog posts, with little oversight from Congress or…
Blog
Federal Agency “Guidance Document” Disclosure Gaps Show Congress Is in the Dark on Regulatory Overreach
In “A Quick and Dirty Inventory of Federal Agencies' Significant Guidance Documents,” I provided, well, a quick and dirty table depicting “significant” (usually, not always,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the number of new regulations in 2016 threatens the 1,000 mark, new rules cover everything from rural broadband to flatfish. On to the data:…
Forbes
Why President Barack Obama’s Executive Order On Competition Is Anti-Competitive
When you see a headline like “Obama to Sign Executive Order to Ignite Corporate Competition” you have to scratch your head at the premise,…
TheBlaze
White House: Executive Order Could Cut Regulations to Boost Competition
TheBlaze discusses Wayne Crews's recent report which discusses the number of regulations created in both Obama and Bush's administrations. The Obama administration has…
Blog
A Quick and Dirty Inventory of Federal Agencies’ Significant Guidance Documents
Much is written by many on federal agency regulations’ expansion and costs. Beyond those, guidance documents, memoranda, notices, and other regulatory dark matter…
Blog
Obama’s 7 Years of Regulation Easily Outstrip Bush’s 8
Annually, despite ups and downs, the number of federal rules and regulations tops 3,400. While the overall rule counts in the Federal Register and…
Washington Examiner
Obama passes Bush’s number of costly regs — and has 10 months to go
The Washington Examiner quotes an analysis by Wayne Crews on Obama's annual average of regulations. According to CEI's Clyde Wayne Crews, Obama has…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Another Friday meant another 699-page Federal Register, which now exceeds 20,000 pages on the year. The big news is a fiduciary rule for retirement planning, but…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The week ended with precisely 800 new final regulations on the year, with new rules covering everything from chairs to obesity. On to the data:…
Forbes
Won’t Cut Federal Spending? Then Cap The Cost Of Regulation
Last week a group of libertarian and conservative groups issued a coalition letter calling on Congress to cap regulatory costs. While some of us…
American Spectator
Mr. Trump: America’s Economic Problem is Regulation, Not Trade
The Cato Institute's Doug Bandow cites Wayne Crews on the problem of the regulatory burden: Clyde Wayne Crews of the Competitive Enterprise Institute has…
Blog
Federal Government Is Good for U.S. Economy
If you’re a fellow free-market advocate and did not arrive at this page from social media (or missed our #AprilFools joke), don’t…
National Affairs
Putting Regulators on a Budget
National Affairs references Wayne Crews's work on the cost of regulation. In recent years, there have been several studies published describing the aggregate,…
Letters
CEI Leads Coalition Supporting a Regulatory Budget
Full Document Available in PDF Dear Members of Congress, On behalf of the undersigned organizations and our members, we call on Congress…
Washington Times
Coalition of free market groups urges Congress to cap and track stifling federal regulations
The Washington Times reports on a coalition letter led by CEI that urges Congress to pass a budget that addresses regulation. Big government…
The Hill
Groups push Congress to create regulatory budget
The Hill reports on a coalition letter led by CEI and sent to Congress urging lawmakers to approve the proposed regulatory budget. Advocacy…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Friday’s Federal Register, the last before the Easter holiday, contained 1,005 pages, 14 final regulations, nine proposed regulations, and an impressive 119 agency notices. New rules…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Along with nearly four dozen proposed regulations, new final regulations from the last week cover everything from cable boxes to Texas grapefruit. On to the…
Townhall
Washington’s Despotic Lawlessness
Townhall discusses Washington's lawlessness with Wayne Crews, author of the annual Ten Thousand Commandments reports. The Competitive Enterprise Institute is renowned for its…
Forbes
GOP Releases Contested 2017 Balanced Budget Proposal — With A Regulatory Budget Alongside
House Republican leadership released their 2017 “Balanced Budget for a Stronger America” fiscal year budget proposal. It seeks to balance the budget in 10…
Blog
Oversight Hearing Will Find Federal Regulatory Transparency Quite Opaque
The 2015 edition of White House Office of Management and Budget’s (OMB) annual Draft Report to Congress on the Benefits and Costs of Federal Regulations was latest we’ve seen…
Blog
USA Act Increases Accountability, Restores Congress’ Power of the Purse
Separation of powers is one of the United States government’s most basic principles. But for several decades, presidents from both parties have gradually concentrated more…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was just another week in the world of federal regulation, with new rules covering everything from Nixon’s archives to black bears. On to the…
Wall Street Journal
Hillary’s Soft Despotism
The Wall Street Journal cites Wayne Crews's study on the size of the federal regulatory burden and it's effects. According to the most recent…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
After several years and multiple lawsuits, the TSA deigned to issue a formal rule for its use of full-body scanners. CEI’s Marc Scribner finds that the…
Forbes
Nobody Knows The Cost Of Antitrust Regulation, And That’s Bad
Antitrust regulation is hardly insignificant, and its costs need to be recognized in today’s world. We’ve seen interference into ATT‘s attempted merger with T-Mobile, delays…
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