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.
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Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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)…
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News Release
#NeverNeeded Regulation Report: Lift Regulations that Make Energy More Expensive
Lower-income households spend more of their budget on energy costs than more affluent ones, which is why regulations that increase the cost of energy have…
News Release
New Executive Order to Stimulate Recovery by Deregulating Builds on CEI’s #NeverNeeded Campaign
The Competitive Enterprise Institute (CEI) commended President Trump’s decision today to sign a new Executive Order directing cabinet members and agency heads to immediately identify…
Study
Lift #NeverNeeded Regulations that Make Energy More Expensive
Low-income households, which are more likely to suffer from unemployment and other stresses during the COVID-19 crisis, spend much more of their household budget on…
Blog
This Week in Ridiculous Regulations
Retail sales declined 16.4 percent in April, setting a new record low for the second month in a row. Congress returned to Washington, putting the…
Citation
#NeverNeeded Regulation Report: White House Can Speed Up COVID-19 Recovery by Cutting Regulations without Congress
In a new paper released today, CEI Vice President for Policy Wayne Crews outlines several deregulatory measures the White House could take without Congress that…
Study
Pen, Phone, and Eraser?
There have now been several layers of congressional rescue-and-stimulus response to the coronavirus crisis, and there will be more “phases” to come. Given partisan discord,…
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