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
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…
Blog
Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
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Reason
Lawsuit from Former Students Alleges Financial Aid Price Fixing at Elite Universities
Reason cites Vice President for Strategy Iain Murray on how federal regulations affect student loans: Iain Murray, the vice president for strategy…
News Release
Inflation Hits 40 Year High, but Policymakers Can Fix It
Inflation is up, again, the Bureau of Labor Statistics reports today. The Federal Reserve has a clear job to do, but Congress and President…
The Economist
Enthusiasm for Regulation, Often in Areas Like the Climate, Shows No Sign of Flagging
The Economist cites Vice President for Policy Wayne Crews on regulatory guidance: Many new instructions come not as formal rules but in…
The Washington Examiner
Zogby: US Overwhelmingly Wants Less Federal Meddling
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden and regulations: The results were stunning, especially coming at…
Forbes
Joe Biden’s Year in Federal Regulation, 2021
Today is New Year’s Eve. Yesterday, December 31, 2021 was the last federal workday of the year. This presents an obvious opportunity to survey the Federal…
News Release
Consumer Spending Growth Slows: COVID, Inflation, Supply Networks Are Factors: CEI Statement
On news today that inflation rose again in November, CEI Senior Fellow Ryan Young urged policymakers to do their part by spending less: “Consumer spending grew…
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