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
The Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…

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The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.

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The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…
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This Week in Ridiculous Regulations
In a pre-recess Parthian shot, the Senate passed a massive new spending bill that would increase federal spending by $320 billion over two years and…
Blog
Is White House ‘Guidance on Compliance with the Congressional Review Act’ Restraining Agency Rulemaking?
At a time of trillion dollar runaway peacetime deficits, big-spenders can take smug comfort knowing that regulation is even less disciplined, especially where ostensibly sub-regulatory…
Blog
Guidance Documents of the Week: Consumer Financial Protection Bureau and Friends
Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going…
Blog
This Week in Ridiculous Regulations
Congress has adjourned for its August recess, so the republic is safe for another month. Rulemaking agencies are still on the job, however, and published…
National Review
The Trump Economy
The National Review cites Vice President for Policy Wayne Crews on the 10kc report. As Clyde Wayne Crews of the Competitive Enterprise Institute…
Reason
Commerce Secretary Wilbur Ross Can’t Stay Awake During Meetings. Does That Mean It’s Time to Put His Whole Crony Capitalist Department to Rest?
Reason cites CEI’s report on the Economic Development Administration. “In the four decades since its creation, EDA has funded professional football practice facilities,…
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