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…
Search Posts
World Net Daily
Overlooked Biden Executive Order Could Have Greatest Harmful Impact
World Net Daily cites Vice President for Policy Wayne Crews on regulatory reform: Clyde Wayne Crews, a regulation expert at the Competitive…
Forbes
Biden Repudiates Trump Era With Revocation Of Certain Executive Orders Concerning Federal Regulation
As part of a “Day One” “flurry” of executive action, President Joe Biden issued an “Executive Order on Revocation of Certain…
Citation
Let Them Learn
The Wall Street Journal cites Vice President for Policy Wayne Crews on Biden’s “Modernizing Regulatory Review” plan: In the meantime, Wayne Crews at the Competitive…
E&E News
Biden Signals ‘New Direction’ On Regulations
E&E News cites Vice President for Policy Wayne Crews on President Biden’s regulatory review process: Wayne Crews, an analyst at the conservative…
The Washington Examiner
Biden’s Quest to Reverse Trump-Era Environmental Rollbacks Could Take Years
The Washington Examiner cites Director of the Center for Energy and Environment Myron Ebell on regulatory reform and the Biden administration: “Changing…
Forbes
Status Report: What Regulations Did The Trump Administration Eliminate In 2020?
Bookending four years of its infamous one-in, two-out requirement for issuing significant new regulations, the Trump administration quietly just released its status roundup called “…
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