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
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…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
Wall Street Journal
Dow 24000 and the Trump Boom
Maria Bartiromo, writing for Wall Street Journal, cites 10,000 Commandments. I’m not in the habit of giving stock tips or making market calls. I’ve never…
Blog
Trump’s New Regulatory Reform Agenda – By the Numbers
Today the Trump administration released the Fall 2017 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
USA Today
No, the Internet Is Not About to Be Destroyed
The headlines regarding the Federal Communications Commission’s upcoming vote on “net neutrality” regulations suggest impending doom. “FCC Is Revving Up to Destroy the Internet…
Blog
President’s Fall Policy Update
We have measures and very clear guideposts to tell us if we are on the right path.
RealClear Policy
Why Government Grows Despite the Constitution
Nearly every administration since Reagan has pledged to reduce the size of the bureaucracy or increase government efficiency, but they have all missed the low…
Blog
Senate Bill’s Stealth FIFO Capital Gains Hike Hinders Tax Reform
It’s crunch time on tax reform! The House passed a bill just before Thanksgiving. Now it’s the Senate’s turn. A good tax reform bill would…
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