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…
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Blog
#NeverNeed Regulations and the Coronavirus
What is the appropriate public policy response to COVID-19 crisis? In a new short video, Kent Lassman makes the case for lifting government barriers that…
Blog
This Week in Ridiculous Regulations
Friday’s 13.3 percent unemployment rate announcement was actually good news, and says much about the more than 600 regulations waived so far at various levels…
Blog
Trump Executive Order to Expedite Project Approvals
President Trump on June 4 issued an Executive Order intended to expedite the federal approval process for major infrastructure projects. “Economic Recovery from the COVID-19…
Blog
Pandemics, #NeverNeeded Regulations, and Ten Thousand Commandments
At Inside Sources, Wayne Crews and Ryan Young have an op-ed summarizing the main findings of Wayne’s new 2020 edition of Ten Thousand Commandments, plus…
Blog
Time to Permanently Sunset Waived #NeverNeeded Regulations
Many regulations have proven especially harmful during the COVID-19 crisis. But many of those waivers are temporary. Those temporary waivers should be made permanent. One…
The Washington Examiner
Kill the Never-Needed Regulations Slowing the Economic Recovery
Our attention is focused on a single, terrible story like we’ve rarely seen before, a story that commands such a level of attention because it…
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