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…

Blog
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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Blog
#NeverNeed Regulations and the Coronavirus
What is the appropriate public policy response to COVID-19 crisis? In a new short video, Kent Lassman makes the case for lifting government barriers that…
Blog
This Week in Ridiculous Regulations
Friday’s 13.3 percent unemployment rate announcement was actually good news, and says much about the more than 600 regulations waived so far at various levels…
Blog
Trump Executive Order to Expedite Project Approvals
President Trump on June 4 issued an Executive Order intended to expedite the federal approval process for major infrastructure projects. “Economic Recovery from the COVID-19…
Blog
Pandemics, #NeverNeeded Regulations, and Ten Thousand Commandments
At Inside Sources, Wayne Crews and Ryan Young have an op-ed summarizing the main findings of Wayne’s new 2020 edition of Ten Thousand Commandments, plus…
Blog
Time to Permanently Sunset Waived #NeverNeeded Regulations
Many regulations have proven especially harmful during the COVID-19 crisis. But many of those waivers are temporary. Those temporary waivers should be made permanent. One…
The Washington Examiner
Kill the Never-Needed Regulations Slowing the Economic Recovery
Our attention is focused on a single, terrible story like we’ve rarely seen before, a story that commands such a level of attention because it…
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