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…
Search Posts
Blog
Federal Government Finally Powers Down on Y2K Crisis
Regulating new technologies is especially risky. The high-tech sector is an evolving frontier. Frontiers are always a bit chaotic, and it is inherent in their…
NPR
Trump Administration Gives Industry More Time to Adopt New Nutrition Fact Label
NPR covers the FDA’s decision to delay an Obama-era menu labeling rule. The Food and Drug Administration has delayed the deadline for food…
Blog
A Birthday Wish List for the President
Here are four gifts Congress should give the president before its annual July 4th recess.
Blog
The Key to Prosperity in the Southern Hemisphere and around the World
We have the potential to put developing economies on a path to avoid the mistakes made in America and among our European friends.
Reason
Trump Can Gut Obama-Era Labor Regs Because They Were Never Meant to Last
Reason covers the Secretary of Labor Acosta’s decision to eliminate independent contractor rules. Eliminating a set of Obama administration rules for independent contractors…
Las Vegas Review-Journal
EDITORIAL: The Obama Regulatory Frenzy
Las Vegas Review-Journal covers Ten Thousand Commandments by Clyde Wayne Crews Jr. With the 24/7 focus on Donald Trump’s every move and comment,…
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