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: Taconite plans and ante-mortem horse inspections
Markets went down when President Trump threatened to fire Fed chair Jerome Powell and went up when he backed off. Agencies issued new regulations ranging…

Blog
Ten Thousand Commandments 2025 is out now
The 2025 edition of CEI’s flagship report, Ten Thousand Commandments, is out today. For more than 30 years, my colleague Wayne Crews has been…

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Free the Economy podcast: Reforming Washington’s 10,000 Commandments with Wayne Crews
In this week’s episode we cover the political roots of totalitarianism, why we should put Fannie Mae and Freddie Mac out to…
Search Posts
Blog
Ruling Striking Down Health Care Law Was Not “Judicial Activism”
On Monday, a federal judge in Florida struck down Obamacare as unconstitutional. Judge Vinson concluded that the law’s cornerstone — a requirement that…
Blog
Senate Repeals Obamacare’s 1099 Mandate — OTC Drug Rules Should be Next
Although the U.S. Senate voted along partisan lines to defeat repeal of the Patient Protection and Affordable Care Act — also known as Obamacare —…
Blog
Morning Media Summary
Tech: News Corp. Launches Digital Daily: “News Corp. on Wednesday unveiled The Daily, a tablet newspaper that Chairman Rupert Murdoch described as “the…
Op-Eds
Leviathan
How many Americans work in government? That’s a difficult question to answer. Officially, as of 2009, the federal government employed 2.8 million individuals out of…
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Thomas Sowell on the Value of Consumer Choice
One of Thomas Sowell’s greatest insights is that in public policy, there are no solutions, only trade-offs. That extends to deciding what to spend money…
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Suspend Obamacare’s 1099 and OTC Drug Rules Pending Supreme Court Action
Monday’s decision by Florida federal judge Roger Vinson striking down the Patient Protection and Affordable Care Act — also known as Obamacare — in its…
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The GOP and the Health Insurance Mandate
With the health insurance individual purchase mandate looking more vulnerable than ever, Democrats are trying desperately to get some mileage out…
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Morning Media Summary
Tech: Google accuses Microsoft on search data: “Google has accused arch-rival Microsoft of plagiarising its internet search results in an attempt to narrow…
Forbes
A Federal Regulations Crackdown: Obama’s Dip In The Yangtze
Forbes
Christians In the Middle East and the American Dream
The current uprising in Egypt is troubling many Christians throughout the region, but it is not a stand alone incident. Pope Benedict XVI’s New Year’s…
Blog
FCIC Report Perhaps Too Communicative
Because I so often write letters — which are not always published — I thought I’d share them here. Here’s one to the WSJ regarding…
Blog
Morning Media Summary
Tech: 200GB to 25GB: Canada gets first, bitter does of metered Internet: “Metered Internet usage (also called “Usage-Based Billing”) is coming to Canada,…
Forbes
Bulldog is still fighting
Forbes
Liberating Credit Unions and Entrepreneurs
Now more than ever, “civility” is the rage on Capitol Hill. The civility craze may have reached its nadir with what was called “date night”…
Blog
Obamacare Struck Down by Florida Judge; Properly Applies Severability Principles to Invalidate Whole Law
A judge in Florida just declared the health care law known as “Obamacare” unconstitutional, ruling it void in its entirety. Judge Vinson rightly…
Blog
Regulation of the Day 162: Breaking Wind
The southeast African country of Malawi is about to make farting illegal. The government there is trying to “mould responsible and disciplined citizens.”…
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Morning Media Summary
Tech: Without Internet, Egyptians find new ways to get online: “”When countries block, we evolve,” an activist with the group We Rebuild wrote…
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TSA Shuts Door on Private Airport Screening Program That Exposed TSA’s Inefficiency
The Transportation Security Administration has shut the door on a private airport screening program that was making the inefficient agency look bad by outperforming it…
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Regulation of the Day 161: Crossing the Street
Three states are proposing to make it illegal to listen to your iPod while crossing the street. Legislators in California, New York, and Oregon are…
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Morning Media Summary
Tech: Facebook posts mined for court case evidence: “It’s the latest litigation tactic in the online age: U.S. lawyers are trying to mine…
Blog
The Supreme Court is NOT Pro-Business
Once again ruling against America’s employers, the Supreme Court Monday broadened the reach of the 1964 Civil Rights Act’s ban on retaliation. It overturned…
Blog
Morning Media Summary
Tech: Facebook phones to be unveiled next month: “London-based City A.M. is reporting that Facebook, in conjunction with Taiwanese phone manufacturer HTC, will…
Yahoo! News
Tuning out: New York, California and Oregon propose banning cell phone and iPod use by pedestrians
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Morning Media Summary
Tech: DOJ seeks mandatory data retention requirement for ISPs: “The U.S. Department of Justice and an organization representing police chiefs from around the…
Yahoo! News
Rolling Back Red Tape: 20 Regulations to Eliminate
Cafe Hayek
Reactions to Last Night’s State of the Union Address
Daily Caller
Bush’s Third Term Continues
In 1957, the Soviet Union launched a satellite into space. Therefore, taxpayers should give more money to politically favored corporations. This is not a…
Blog
Congress Considering “Kill Switch” for Capitalism
Introduced last summer, a bill affording President Obama executive power over private Internet companies in the event of a “national cyberemergency” is returning this year,…
Blog
State of the Union Live-Blogging
CEI's Ryan Young live-blogs President Obama's State of the Union address. Coverage will begin shortly before the speech at 9:00pm EST.
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Morning Media Summary
Tech: Two-thirds of U.S. Internet users lack fast broadband: “Two-thirds of U.S. Internet connections are slower than 5 Mbps, putting the United States…
Daily Caller
Mis-State Of The Union
Politicians rarely think voluntary markets are so grand that they couldn’t benefit from a good ol’ dose of compulsion. It’s a shame, because that…
Blog
Regulations and Small Business
A theme of President Obama’s State of the Union speech tomorrow is the idea that we need to make America more competitive in the global…
Blog
Our Journey Down Hayek’s Road
As the president lays out his vision for the country in his State of the Union address tomorrow, it’s important to keep a simple question…
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Morning Media Summary
Tech: Opps: No copied Java code or weapons of mass destruction found in Android: ?Sometimes the sheer wrongness of what is posted on…
Blog
What Should POTUS Say During SOTU?
Freedom Action‘s Myron Ebell, while he isn’t optimistic, answers on a POLITICO forum: In an ideal world, President Barack Obama would use his…
Boston Globe
Obama — the Great Deregulator?
The Boston Globe cites Wayne Crews's comments on President Obama's executive order to stop "outdated" federal regulations. “This executive order is hardly a…
Blog
Andrew Sullivan Blames Tea Party for Budget-Busting Deal That He, Not It, Supported
The deficit is largely the result of “feel-good” bipartisan policies supported by the political establishment. But rather than taking credit for the deficit it…
Blog
Tim Carney Knows How Washington Works
Tim's latest column is a must-read. Lobbying wouldn't be such a booming business if regulation wasn't, too.
Blog
Morning Media Summary
Tech: Gov will spend 400k pounds to destroy ID card data: “The cost of destroying the personal data collected under the ill-starred programme…
Blog
Yes, Obamacare is a Government Takeover of the Health Care System
In Tuesday’s Washington Post, Glenn Kessler looked at Republican claims about Obamacare, such as the claim that it “is a ‘government takeover’ of the health…
Blog
New York City Taxi Alliance Opposes Competition
From their webpage, we see a press release denouncing Mayor Bloomberg’s decision to allow livery cars (limousines, personal hired cars, etc.) to pick…
Blog
Morning Media Summary
Tech: Starbucks launches largest mobile payment program in the US: “Starbucks has started accepting mobile payments. Customers can use the Starbucks Card Mobile…
Blog
Six Painless Ways to Cut Federal Red Tape
President Obama signed an Executive Order this week that will initiate a "government-wide review of the rules already on the books to remove outdated regulations…
Blog
EPA to Re-Brand Mortality Risk Reduction
A recent paper published by the EPA provides up to date governmental thoughts on attempts to put a value on a statistical life (VSL)…
Blog
Morning Media Summary
Tech: FCC signs off on Comcast’s bid to control NBC Universal: “Federal regulators signed off on Comcast Corp.’s bid to control NBC Universal,…
AOL News
6 Painless Ways to Cut Federal Red Tape
In this age of trillion-dollar budgets, deficits and stimulus packages, taxes and spending get all the press. But while the $3.5 trillion federal budget…
Wall Street Journal
Move Reflect Shift In Presidents Tone
The Wall Street Journal discusses regulations and executive orders with Wayne Crews. He didn't disavow the Dodd-Frank Act nor his new health-care law,…
Study
Reform Wetlands Policies
Liberate to Stimulate Index…
Study
Let Market Forces Regulate Internet Gambling
In June 2010, the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) was implemented after years of delays. The law regulates banking and credit processes related…
Study
Suspend Mark-to-Market Rules and Make Accounting Regulators Accountable
Liberate to Stimulate Index The Financial Accounting Standards Board (FASB) was hauled before Congressional hearings and members of both parties expressed concern…
Study
Protect Free Speech by Rejecting Content Regulation
Liberate to Stimulate Index In recent years, the First Amendment’s protections have been increasingly extended to commercial speech, such as product advertisements…
Study
Allow Immigrants Full Access to the American Economy
Study
Phase Out the National Flood Insurance Program
Study
Counteract Politicization of Federal Science Policy
Liberate to Stimulate Index The federal politicization of science in many areas is harming science itself. Ethics rules and advisory panel guidelines…
Study
Resist New Burdens on the Transportation Sector
Liberate to Stimulate Index The transportation industries—airline, railroad, shipping, and trucking—are networks involving both a flow and a grid. The flow element…
Study
Develop Smart Policies to Help Homeowners Deal with Natural Catastrophes
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Forge a Bipartisan Approach to End Corporate Welfare
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Put Mobility First in Surface Transportation
Liberate to Stimulate Index Surface transportation policy has become less rational and more ideological in recent decades. Environmentalists, urban planners, and their…
Study
Regulate Government Data Collection While Avoiding Perscriptive Privacy Regulation
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Resist Anti Consumer Antitrust Regulation
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Resist Forced Unionization of Public Safety Personnel
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Oppose Taxpayer Bailouts of Underfunded Union Pension Funds
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Reform the Transportation Security Administration
Liberate to Stimulate Index Reform of the Transportation Security Administration (TSA) is long overdue—as the recent passenger backlash against both the TSA’s…
Study
Restore the Constitutional Right to Property
Liberate to Stimulate Index The right to property is an essential part of a free society, and widespread private property ownership is…
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Eliminate Wage Ceilings for Unionized Workers
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Embrace Private Conservation of Land and Natural Resources
Liberate to Stimulate Index Private stewardship and markets play a critical role in land and natural resource conservation. Much of America’s land…
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Oppose Efforts to Impose Pro-Organized Labor Rules through Regulation
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Protect Endangered Species
Liberate to Stimulate Index The Endangered Species Act (ESA) of 1973 is bad for wildlife, because it is bad for people. It…
Study
End Federal Support for Renewable Energy
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Clarify the Role of Invasive Species
Liberate to Stimulate Index In the past, policies addressing problem plants and animals followed a rational path: They focused on controlling organisms…
Study
Increase Access to Energy
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Develop New Approaches to Preserve Ocean Resources
Liberate to Stimulate Index The world’s fisheries face severe decline. Because many of the world’s ocean resources are not “owned,” they tend…
Study
Trash Counterproductive Waste Disposal Policies
Liberate to Stimulate Index Many of the nation’s current solid waste policies follow an outdated, politicized, and government-centered model. State and local…
Study
End Bailouts and Government Ownership in Fannie/Freddie, GM, AIG, and Other Entities
Liberate to Stimulate Index On October 3, 2010, the federal government’s authority under the Troubled Asset Relief Program (TARP) officially expired. Rushed…
Study
Recognize the Elitist Nature of Anti-Sprawl Measures
Liberate to Stimulate Index For the greater part of the last century, many people have sought the American Dream by raising their…
Study
Affirm the Role of Property Rights in Water Rights Policies
Liberate to Stimulate Index Battles over limited water supplies in the United States and around the world have long produced conflicts and…
Study
Reject the Precautionary Principle, a Threat to Technological Progress
Liberate to Stimulate Index Increasingly, governments and environmental activists are demanding that producers of both new and old technologies prove that their…
Study
Deregulate to Stimulate
Liberate to Stimulate Index When it comes to our economy, how did we get into this mess and how do we get…
Study
Reduce Burdensome Regulation of Medicines and Medical Devices
Liberate to Stimulate Index Over the past century, American consumers have benefited from thousands of new pharmaceuticals and medical devices to help…
Study
Purify Federal Water Policies
Liberate to Stimulate Index Drinking Water. Drinking water policy should focus on how best to ensure that Americans have clean and safe…
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Ensure Consumers’ Access to Bottled Water
Liberate to Stimulate Index Bottled water offers many important benefits— including portability, emergency applications, and convenience. The bottled water industry had been…
Study
Enhance Auto Safety
Liberate to Stimulate Index Automotive safety is the primary mission of the National Highway Traffic Safety Administration (NHTSA). In recent decades, however,…
Study
Improve Food Safety and Quality through Greater Information, Consumer Choice, and Legal Accountability
Liberate to Stimulate Index Few issues are as important to consumers as the safety and quality of their food—from microbial contaminants to…
Study
Protect Incentives for Pharmaceutical Innovation
Liberate to Stimulate Index In recent years, Congress has faced mounting public pressure to “do something” about the rapidly rising prices of…
Study
Avoid Hindering the Internet’s Evolution through Net Neutrality Regulation
Liberate to Stimulate Index In 2010, Congress failed to enact legislation authorizing the Federal Communications Commission (FCC) to enforce network neutrality rules.
Study
Advance a Global Pro-Trade Agenda
Liberate to Stimulate Index Increasing liberalization of world trade is a key factor behind the dramatic increase in global prosperity since the…
Study
Rein in the $1.75 Trillion Regulatory State
Liberate to Stimulate Index Regulations are frequently anti-competitive and anti-consumer. They cost consumers hundreds of billions of dollars every year. Policy makers…
Study
Avoid Energy and Global Warming Policies that Pose Greater Risks than Global Warming
Liberate to Stimulate Index Global warming has been described as the greatest threat facing mankind, but the policies designed to address global…
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Recognize the Value of Hedge Funds and Private Equity for Entrepreneurs and Shareholders
Liberate to Stimulate Index Hedge funds and private equity are vehicles for wealthy investors to take risks and potentially reap high returns.
Study
Reform Federal Agriculture Programs
Liberate to Stimulate Index With America’s economy struggling to roar back to strong growth and a deficit approaching $1 trillion, policy makers…
Study
Free Smaller Companies to Go Public by Rolling Back Burdensome Sarbanes-Oxley Accounting Rules
Liberate to Stimulate Index In CEI’s last Agenda for Congress, we recommended that “smaller public companies be exempt from Sarbanes-Oxley’s Section 404.”…
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Encourage Credit Access Innovation
Liberate to Stimulate Index The abuses of the subprime crisis have made it all too easy to overlook the myriad…
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Reining in America’s Regulatory Leviathan: America Gets a Second Chance
Liberate to Stimulate Index We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our…
Blog
NLRB Litigates for Less Freedom
In another demonstration of the overreaching power of the federal government, the National Labor Relations Board (NLRB) is preparing to sue Arizona, South Carolina, South…
Study
Liberate to Stimulate
We at the Competitive Enterprise Institute (CEI) have spent 26 years raising the saliency of regulations on our economy. Taxes and spending receive plenty of…
Blog
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
On Tuesday, the Financial Stability Oversight Council may issue its recommendations for implementing the Volcker Rule, the provision of the Dodd-Frank financial legislation that bans so-called proprietary trading…
Blog
Morning Media Summary
Tech: Facebook: Goldman Sachs excludes US investors from deal: “Investors from outside America will be able to take part in…
Wall Street Journal
Obama Needs To Confront Regulation
Today President Obama released an Executive Order called “Improving Regulation and Regulatory Review.” It calls for a government-wide review of rules,…
News Release
Repeal Senseless and Job-Destroying Volcker Rule from Dodd-Frank
Contact: Christine Hall, 202-331-2258 Lee Doren, 202-331-2259 Washington, D.C., January 18, 2011 – Today, the Financial Stability Oversight Council is issuing recommendations for implementing…
News Release
Obama Executive Order on Reg Reform – Far Too Little, Far Too Late
Washington, D.C., January 18, 2011 — Statement by Wayne Crews, CEI Vice President for Policy Today, President Obama released an Executive Order called…
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