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 CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…

Blog
The week in regulations: Nuclear coolant and medical food
President Trump’s Liberation Day tariffs are set to take effect on August 7 for countries he did not strike deals with. He is also ending…

Blog
How ‘Unrules’ are powering down the bureaucracy
The year 2025 may be remembered as the year regulation hit pause. As of the end of July, 1,518 finalized federal rules have been published…
Search Posts
Blog
Governors Criticize Health Care Bill for Increasing Unemployment and State Budget Deficits; Tax Increases and Medicare Cuts in Bill Rise
Governors are now criticizing the health care bill backed by the Obama administration, saying it will cause health care costs and state deficits to…
Blog
Is There No Adult Supervision at the Campaign for Liberty?
My colleagues brought to my attention this grossly misinformed, misleading, and error-laden essay on the Campaign for Liberty’s website. The main thrust of the piece…
Blog
Will the Jobs Bill Create Any Jobs?
Over at the American Spectator, I explain why it won't, but a deregulatory stimulus would.
Blog
Even Associated Press Says “Beware” of Obama’s Health Care Overhaul; Retired Judge Calls Health Care Tactic Unconstitutional
Even the Associated Press admits that President Obama is not telling the truth about his health care plan and how it would affect health…
Newsletter
Ethanol, Human Achievement, and Technology
The Green campaign for the development of corn ethanol may be increasing greenhouse gas emissions. On March 27, people all over the world will turn…
Comment
The Future of Manufacturing
What is the Role of the Federal Government in Supporting Innovation by U.S. Manufacturers?…
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