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
Darklore Depository 2025: An unofficial inventory of guidance documents and other regulatory dark matter
Halloween can remind policy wonks that some of the ghastliest regulatory chills come not from ordinary notice-and-comment regulation buried in the daily Federal Register, but…
Blog
The week in regulations, shutdown edition: Visa fees and regional haze
President Trump demanded that the Justice Department pay him $230 million. He also cut off all trade negotiations with Canada because of a tv commercial…
Blog
Has Washington bought off the deregulatory movement?
Back during the Biden administration, I noted how rising federal spending and regulation seemed to swap unfunded mandates for funded ones – turning what should…
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Fox Business
Biden on Day 1 Scrapped Trump Rule that Helped US Save $160 Billion: Report
Fox Business cites Vice President for Policy Wayne Crews on regulations and the Biden administration: But Clyde Wayne Crews, a vice president…
The Washington Times
Biden Overturned Trump Deregulation Rule That Saved U.S. $160 Billion: Analysis
The Washington Times cites Vice President for Policy Wayne Crews on regulations and the Biden administration: “Biden has jettisoned … most of…
News Release
CEI Backs Sen. Johnson’s Call for President Biden to Re-Instate Transparency in Agency Guidance Executive Order
Senator Ron Johnson (R-WI) and 20 of his colleagues sent a letter to President Biden, requesting he reverse his decision to overturn Executive Order 13,891,…
Las Vegas Review Journal
EDITORIAL: Regulatory benefits that are ‘impossible’ to quantify
The Las Vegas Review Journal cites Vice President for Policy Wayne Crews and CEI’s “10 Thousand Commandments”: Needless to say, President Joe…
Forbes
The 2021 “Unconstitutionality Index”: 19 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation like the one that just decamped for Florida, the number of rules from hundreds of federal…
Reason
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are ‘Impossible To Quantify’
Reason cites Vice President for Policy Wayne Crews on President Biden’s latest directive: “The aim is to put weight on the scales…
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