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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Blog
Surface Transportation Board Rejects Misguided Push to Re-Regulate the Railroad Industry… For Now
Late last week, the Surface Transportation Board (STB) refused [PDF] to initiate a rulemaking (Ex Parte 711) proceeding that was petitioned by the shippers'…
Blog
Department of Labor Sells Out Union Members for Big Labor 1%
The Department of Labor (DOL) doesn’t need to loosen financial disclosure for union bosses to take advantage of union members’ dues. Yet, this is exactly…
Op-Eds
Michigan’s Keg Tracking Won’t Stop Underage Drinking
Few people will argue against preventing underage drinking. Michigan’s new keg registration law, however, an attempt to trace the buyers of kegs that end up…
Washington Post
A Stake in Financial Markets
Capital standards are critical to the stability of any financial system. However, whether such standards are better achieved by markets rather than political entities…
Blog
Regulation Roundup
If you're in Helena, Montana, never tie a horse to a fire hydrant. It's against the law. Plus more.
Blog
Obama Administration Contributes to Life-Threatening Drug Shortages Even as it Decries Them
In a recent column, Michelle Malkin explained how Obamacare price controls, FDA and DEA rules, and Obama administration policies have contributed to shortages of…
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