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
There’s something wrong with the Federal Register
The Trump-era Federal Register website has been glitching recently. Nearly two weeks ago, I noted on X/Twitter (tagging both @USNatArchives and @FedRegister) that the…

Blog
The week in regulations: Deepwater ports and ASCII relays
A court ruled President Trump’s Liberation Day tariffs unconstitutional. The case now moves to the Supreme Court. Countries around the world stopped shipping parcels to…

Blog
The week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…
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The Doug Collins Podcast
AUDIO: How the Government Regulates Every Room in your House: From Shower Heads to Dishwashers
Senior Fellow Ben Lieberman joins The Doug Collins Podcast to discuss regulations in households: Click here to read more.
The Washington Examiner
Regulatory Costs Soar as Biden Adds Rules Faster Than Predecessors
The Washington Examiner cites Vice President for Policy Wayne Crews on Biden Administration regulations: In a broader sense, Wayne Crews, vice president…
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…
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