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
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…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Fox News Channel
VIDEO: Iain Murray Discusses Shrinking Government Bureaucracy on Fox News Channel
January 15, 2018 – Iain Murray, Vice President for Strategy at the Competitive Enterprise Institute, joined Fox News Channel’s The Next Revolution with Steve Hilton…
Forbes
Who Will Own the Infrastructure in the Smart City?
There is great enthusiasm for the smart city concept. Integration of autonomous vehicles, drones and networked communications are expected to manage congestion, lead to fewer…
InsideSources
How Trump Is Laying Regulations to Waste
InsideSources covers deregulation under the Trump administration. President Donald Trump has taken an aggressive approach in his push to rollback regulations, begging the question…
The Washington Examiner
Trump Budget Chief Shuts Down Consumer ‘Protection’ Bureau ‘Slush Fund’
The Washington Examiner covers the review of the Consumer Financial Protection Bureau’s ‘slush fund.’ An educational “slush fund” used by the Consumer Financial Protection…
Blog
All Agency Guidance Invalid Unless Submitted to Congress
We urgently need a catalog of guidance documents that were actually submitted to Congress and the Government Accountability Office as required. …
Forbes
The Consumer Electronics Show and Public Policy: Can There Be Separation of Tech and State?
The buzz and pre-show anticipation have begun for the 2018 Consumer Electronics Show(#CES2018) hosted by CTA, the …
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