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
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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News Release
New FDA Rules on E-Cigarettes Will Limit Adult Smokers’ Access to Safer Alternatives
The Food and Drug Administration (FDA) today announced new regulations restricting the sale of flavored e-cigarettes. The new rules would restrict sales at convenience stores…
Reason
Trump Brags About Deregulation, But A Huge Number Of His Deregulatory Actions Were Started Under Obama
Reason cited CEI’s Senior Fellow Wayne Crews on Trump deregulation policy. President Donald Trump likes to brag about his record of cutting regulations.
Liberty Unyielding
Protectionism Kills Jobs And Candidacies
Liberty Unyielding cited CEI on Trumps deregulation policy. In the 2016 election, the GOP benefited from farm-state opposition to the Obama administration’s bureaucratic…
Liberty Unyielding
Tuesday’s Election Was Nothing For Republicans To Smile About
Liberty Unyielding cited CEI on Trump’s deregulation policy. The ideological composition of the judiciary matters for the economy. Yesterday, a judge blocked the Trump…
Study
How Antitrust Regulation Hinders Innovation and Competition
Few economic concepts elicit such strong reactions as that of monopoly, and the policy intended to address it—antitrust regulations (called competition policy in the European…
Blog
This Week in Ridiculous Regulations
The midterm elections finally happened. The good news is no more political ads for a while; the bad news is that a bunch of politicians…
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