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: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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New Biden White House Agenda shows 3,666 rules in regulatory pipeline
The Spring 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions has been released. A fall version of this twice-yearly document will also contain a…
News Release
U.S. House passes legislation to preserve consumer choice in kitchen appliances
The U.S. House of Representatives passed HR 1615 today, a bill that would protect Americans ability to choose the type of stove they want in…
Blog
Congress should block Biden’s harmful environmental regulations with power of the purse
Congress shouldn’t sit back and watch as the Biden administration proposes and finalizes costly and harmful energy and environmental regulation. Instead, it needs to take…
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Do more deregulation in debt limit deal
The internal GOP debate this week is over lower-case “d” default if a June 6 deadline for an increase in the debt limit is…
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Free the Economy podcast: Transparency for government, privacy for people with Brian Hawkins
In this week’s episode we talk discuss Tim Carney’s view on why big government is good for big business, Stone Washington on the…
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Let’s get this huge ‘hidden tax’ of regulation out into the open
Smack dab in the middle of contentious debt limit negotiations, the House Budget Committee held another in its series of hearings on American economic growth,…
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