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 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…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
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National Review
Tyrannosaurus Regs and Regulatory Dark Matter: Biden’s Accountability Deficit on Regulation
Washington’s new motto is: When you run out of other people’s money, keep spending anyway. It’s a sad state of affairs when a national debt …
Forbes
The Best American Rescue Plan Is An “Abuse-Of-Crisis Prevention Act”
If limits exist that constrain politicians and the legislation they can enact in the name of crisis, rescue or stimulus, it is unclear what they…
Politico
Biden Won’t Release White House Virtual Visitor Logs
Politico cites CEI’s 2020 edition of 10 Thousand Commandments by Vice President for Policy Wayne Crews: In addition, Republican…
The Western Journal
Trump Program Saved $160 Billion, Cut Regulatory Costs 90% – Biden Killed It
The Western Journal cites Vice President for Policy on the impact of President Biden’s regulatory actions: “I don’t think progressives think regulations…
Fox Business
Biden on Day 1 Scrapped Trump Rule that Helped US Save $160 Billion: Report
Fox Business cites Vice President for Policy Wayne Crews on regulations and the Biden administration: But Clyde Wayne Crews, a vice president…
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 of…
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