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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Op-Eds
Vox Populi and Public Policy
“How can you tell whether a whale is a mammal or a fish?” a teacher asks her third-grade class. “Take a vote?” pipes…
News Release
Court Verdict Threatens Future of Internet
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” /> Washington, D.C., October 8, 2003—A federal court decision this week has thrown the commercial future…
Op-Eds
Are Small Particles Such a Big Problem?
According to the Environmental Protection Agency, small particles in the air pose the greatest threat that it or any other regulatory agency is…
Op-Eds
Running Away From Safety
Remember Jim Fixx? Not many people do, and that's a shame. Fixx was a jogging guru who ran 60 miles a week. He…
News Release
Anti-Globalization Movement in Retreat in Cancún
The Anti-Globalization Movement is in retreat at the World Trade Organization’s (WTO) Ministerial meeting; and advocates of open trade now have an opportunity to make…
News Release
NGO Media Briefing featuring Fred Smith and Myron Ebell
NGO Media Briefing<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Environmental and Fair Trade Linkages: Threats…
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