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

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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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Regulations and Small Business
A theme of President Obama’s State of the Union speech tomorrow is the idea that we need to make America more competitive in the global…
Blog
Our Journey Down Hayek’s Road
As the president lays out his vision for the country in his State of the Union address tomorrow, it’s important to keep a simple question…
Blog
Morning Media Summary
Tech: Opps: No copied Java code or weapons of mass destruction found in Android: ?Sometimes the sheer wrongness of what is posted on…
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What Should POTUS Say During SOTU?
Freedom Action‘s Myron Ebell, while he isn’t optimistic, answers on a POLITICO forum: In an ideal world, President Barack Obama would use his…
Boston Globe
Obama — the Great Deregulator?
The Boston Globe cites Wayne Crews's comments on President Obama's executive order to stop "outdated" federal regulations. “This executive order is hardly a…
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Andrew Sullivan Blames Tea Party for Budget-Busting Deal That He, Not It, Supported
The deficit is largely the result of “feel-good” bipartisan policies supported by the political establishment. But rather than taking credit for the deficit 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