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

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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Blog
This Week in Ridiculous Regulations
President Trump issued an Executive Order encouraging agencies to keep #NeverNeeded regulations waived during the coronavirus permanently off the books. Meanwhile, regulatory agencies issued new…
Blog
Trump Signs Executive Order to Spur Economic Recovery through Deregulation
President Donald Trump on May 19 signed an executive order titled, Regulatory Relief To Support Economic Recovery. The order gives cabinet secretaries and agency heads emergency powers to suspend or even eliminate regulations…
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…
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