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: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

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…
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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…
News Release
Repeal #NeverNeeded Regulations Hindering Use of Tech at Home During Deadly Pandemic
The COVID-19 crisis has severely tested individuals and businesses, making access to technologies and services that enabled large swaths of the American economy to move…
Study
Repeal of #NeverNeeded Regulations Can Help People Stay Home and Safe During the COVID-19 Crisis
As individuals and businesses continue to address the COVID-19 health crisis, access to technologies and services that have enabled large swaths of the economy to…
Blog
Deregulate to Stimulate: #NeverNeeded Regulations Are Harming Health and Economy
The Code of Federal Regulations contains more than 1.1 million regulatory restrictions. State and local governments have additional rules. Some of those rules have a…
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