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
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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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…
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…
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…
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…
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…
Reason
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are ‘Impossible To Quantify’
Reason cites Vice President for Policy Wayne Crews on the regulatory state under President Biden: “The aim is to put weight…
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