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
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Search Posts
Op-Eds
How To Make The Phase 4 Coronavirus Response All About Regulatory Reform (Not Just Spending)
When it comes to spending money we don’ t have and calling it rescue, the nation has been there, done that, bought the t-shirt. We…
The Washington Examiner
List: 30 Regulations that Stymied Trump’s Virus Response
The Washington Examiner cites CEI’s latest report on #NeverNeeded regulations: “Many regulations have proven to hinder or delay appropriate policy responses. Other regulations…
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…
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