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
GOOD Act markup: The first step in illuminating regulatory dark matter
The Senate Homeland Security and Governmental Affairs Committee (HSGAC) is soon expected to mark up the Guidance Out of Darkness (GOOD) Act, an important bipartisan…

Blog
The week in regulations: Date taxes and manifest mailing
Political commentator Charlie Kirk was killed while speaking at an event. While the Producer Price Index went down in August, the Consumer Price Index climbed…

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Trump’s Unified Agenda of deconstruction: Writing rules to erase rules
“It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by…
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Forbes
Trump’s Executive Order 13,891 Creates Portals For Federal Agency Guidance Documents; And Here They Are
In a leap forward for governmental disclosure and accountability, federal agencies late last year were directed to scrub their guidance documents and post online those…
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This Week in Ridiculous Regulations
Scientists may have found potential chemical evidence of life on Venus—phosphine gas, which in Venusian conditions may well have been produced by anaerobic (non-oxygen-using)…
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This Week in Ridiculous Regulations
It was a four-day work week due to Labor Day. There were massive fires along the West coast, and Congress declined to pass a $500…
Blog
Executive Order 13,891 Sub-Regulatory Guidance Document Portal Tops 70,000 Entries
Congress makes laws. Agencies make rules, but they also issue guidance documents in heretofore unknown quantity. The year 2019 brought Executive Order 13891 (“Promoting the…
Blog
This Week in Ridiculous Regulations
As Labor Day marked the unofficial end of summer, the unemployment rate went back down to 8.4 percent, and Attorney General Barr announced that the…
Blog
This Week in Ridiculous Regulations
COVID-19 deaths passed 200,000 in the United States, and are roughly 1 million worldwide. Supreme Court Justice Ruth Bader Ginsburg’s passing sparked a fresh Supreme…
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