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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Regulation of the Day 182: PowerPoint Presentations
A political party in Switzerland is seeking to ban Microsoft PowerPoint presentations in meetings.
Op-Eds
The Cost Of Government Regulation
“You, there: stop complaining and start hiring!” That is essentially the Obama administration’s message to businesses. This is an administration that seems to believe that…
Blog
Alcohol Regulation Roundup: Independence Day Edition
Hopefully, this Independence Day weekend you liberated some nice libations from their containers. As Founding Father Ben Franklin said, “there can’t be good living where…
Blog
The National Labor Relations Act Turns 76
The National Labor Relations Act (NLRA) turns 76 today. This day should give pause to those who have been following the National Labor Relations…
Blog
Regulation of the Day 181: Offensive Bumper Stickers
Tennessee drivers can be fined $50 if someone else finds their bumper sticker offensive.
Blog
Sour Attitudes on Raw Milk
In a letter to the Washington Post over this past weekend, a “food safety consultant” in northern Virginia named Thomas L.
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