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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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News Release
Report: Repeal #NeverNeeded Regulations to Help COVID-19 Response
COVID-19 relief bills have so far focused on keeping businesses and households afloat during the pandemic closures and quarantines, but the federal government should continue…
PJ Media
After $2 Trillion Coronavirus Stimulus, America Must Get Its Fiscal House Back in Order
PJ Media cites CEI on #neverneeded regulations: The federal bureaucracy also needs to be simplified. Businesses may be willing to pay more in…
Study
How Repeal of #NeverNeeded Regulations Can Help Responses to the COVID-19 Crisis
A number of factors are combining to stress the American economy in the spring of 2020—the global and domestic effects of the COVID-19 pandemic, an…
Blog
This Week in Ridiculous Regulations
Quarantine and stay-at-home orders will likely last through the end of April in many places. In more heartening news, governments are rolling back numerous #NeverNeeded…
Inside Sources
Bogus Lawsuits Continue to Haunt American Businesses
Inside Sources cites CEI’s joint coalition letter on the midnight litigation campaign: As the Obama administration began its midnight litigation campaign, a coalition…
Washington Examiner
Prepare for the next pandemic with a commission to kill #NeverNeeded regulations
The coronavirus pandemic needs a long-term policy response.
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