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…
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RealClear Policy
Regulatory Reform: A Beacon of Light for Bipartisanship
Common ground is nearly impossible to find in Washington these days. But with the Senate’s recent confirmation of Neomi Rao as the White House’s…
Blog
This Week in Ridiculous Regulations
As the reality television drama in Washington continues to unfold, regulatory agencies pushed the 2017 Federal Register past the 35,000-page mark and issued 75 new…
Las Vegas Review-Journal
EDITORIAL: Donald Trump Makes a Bit of Headway on Regulatory Relief
Las Vegas Review-Journal cites 10,000 Commandments by Wayne Crews. It would take years to significantly erode a federal regulatory state that has…
Blog
This Week in Ridiculous Regulations
As summer marches on, regulatory agencies issued more than 60 new regulations in the last week.
Forbes
How Is Trump’s “One-In, Two-Out” Policy On Federal Regulations Going?
The Trump White House has just published the “Spring” 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions. The Unified Agenda is the federal…
Blog
Restore Economic Opportunity by Repealing Occupational Licensing Rules
To increase growth, we need to get rid of some of the unnecessary barriers to economic opportunity that have arisen in recent years – such…
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