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
Evaluating DOGE halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
Blog
The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
Search Posts
Blog
DOGE after Musk: From meme to momentum
Elon Musk’s short but headline-grabbing stint with the Department of Government Efficiency (DOGE) has concluded, but the broader deregulatory agenda remains robust and far…
Blog
The week in regulations: Low-moisture human foods and grass promotion
Lots of transportation-related regulatory cleanup this week. Friday alone had 47 proposed rules, most of them to repeal obsolete regulations. Two courts struck down…
Blog
Deregulation deferred—not defeated—by the Big Beautiful Bill
In my latest Forbes column, I detail how the House-passed “One Big Beautiful Bill” (BBB) had the potential to revolutionize federal regulatory policy.
Blog
The week in regulations: Flight safety and organic pet food
Qatar’s government gave Trump a $400 million jumbo jet that he can use after leaving office. The US and China agreed to lower their…
Blog
Regulatory reform takes all three branches
Over at The Hill, Wayne Crews and I argue that regulatory reform requires all three branches of government. Not only is a healthy…
Blog
What the DOGE debates really reveal
Last week I took part in a point/counterpoint on the Elon Musk-led Department of Government Efficiency (DOGE), making a brief case for its mission…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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