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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Trump State of the Union Response: Double Down on Cutting Red Tape
Cutting red tape, so talented individuals can thrive, will help put the long-term roar back into the economy.
Blog
Top Issues for Trump’s State of the Union 2018
For the State of the Union 2018, CEI presents a round-up of what Trump might say, what he should say, and how members of both…
Forbes
State of the Union Address in Five Words, Trump vs Obama
The occasion of President Donald Trump’s State of the Union Address marks a time of considerable optimism flowing from the prospects of more jobs, smaller government,…
InsideSources
Franchise Businesses Expect Faster Growth Under Trump
InsideSources covers deregulation under the Trump administration. President Donald Trump was credited by a major franchise association Monday with the sector expecting to outperform…
Blog
Rumors of Nationalized 5G Point to Need for Reform of Existing Networks
Consumers will suffer from government efforts to create a nationalized 5G telecommunications network, and the rumoured plan to move in that direction needs to be …
Blog
State of the Less Regulated Union: 6 Ways Trump Has Cut Red Tape
Rollbacks of federal regulation are a main element of the Trump administration’s economic recipe and deserve credit. It’s highly likely that the loosening of red…
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