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
This Week in Ridiculous Regulations: Tea Experts and Coin Batteries
Ukrainian President Volodymyr Zelenskyy visited America. The federal government is a week away from a potential partial shutdown. Sen. Bob Menendez was…

Blog
Flawed guidance for monetizing nature should be withdrawn
The Office of Information and Regulatory Affairs (OIRA) has proposed new guidance aimed at improving how federal agencies account for environment-related costs and…

Frederick News Post
A new proposal for constitutional restoration
Now that Congress has gotten past debt-ceiling drama, next up is wrangling the nation’s budget for the coming year. A budget is about policy and…
Search Posts
American Viewpoints
AUDIO: Senior Fellow Ryan Young Joins American Viewpoints
Senior Fellow Ryan Young reacts to President Biden’s announcement that his administration is going to address “junk fees” as part of his effort to lower…
The Washington Times
Supreme Court Weighs Foreign Account Fines
The Washington Times cites General Counsel Dan Greenberg on IRS plans to add personnel and resources: Dan Greenberg, general counsel at Competitive Enterprise Institute,…
National Review
The Threat from Biden’s ‘Whole of Government’ Regulatory Approach
When the U.S. federal administrative state began its march from novelty to leviathan over a century ago, few likely imagined the tangle of rules it would…
Blog
Ten Thousand Commandments 2022 Released
The 2022 edition of Wayne Crews’s Ten Thousand Commandments report is out now. Now in its 28th year, it has its usual panoply of…
Products
Chapter 7: A Note on Notice and Rule Reviews at OMB’s Office of Information and Regulatory Affairs
Tracking the effects of rules and regulations, executive orders, memoranda, and regulatory guidance is vital. These alternative regulatory actions have become powerful means of working…
Products
Chapter 6: Another Dimension of Regulatory Dark Matter: Over 21,000 Agency Public Notices Annually
Along with presidential proclamations are those of departments and agencies. Without actually passing a law, government can signal expectations, specify parameters for, and influence…
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