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…

Blog
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…
Search Posts
Blog
When Spending Is Regulation: The Grand Unification Theory of Government Growth
Alongside helplessness in the face of a looming $27 trillion debt, debating administrative state policy hasn’t been much help in forestalling federal government growth.
Blog
An Executive Order 13,891 Guidance Document Portal Update: Another Lap to Go
President Donald Trump’s October 9, 2019 Executive Order 13,891 (E.O. 13,891) and a subsequent White House Office of Management directive to amplify and clarify it…
Blog
This Week in Ridiculous Regulations
What a week. COVID-19 deaths passed 150,000. Second-quarter GDP declined 9.5 percent from a year ago and 7 percent from the previous quarter. In more uplifting…
Blog
2020 Second Quarter GDP Decline Is Worst in U.S. History—But Not 32.9 Percent
The good news is that the second quarter’s GDP numbers aren’t nearly as scary as the more dramatic headlines are saying. The economy has not…
Forbes
Antitrust Showdown In Congress: Big Tech, Meet Big Government
There’s a contradiction in the Trump, and by extension Republican, deregulatory agenda that could inadvertently threaten the recovery of an already wavering economy. That aberration…
Blog
This Week in Ridiculous Regulations
Confirmed COVID-19 cases in the United States surpassed 4 million last week. Congress returned to session after its July 4 break and is putting together…
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