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…
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Op-Eds
Japan’s Nuclear Crisis: Where Is Steven Chu?
Anyone who has done a little reading on the Japan nuclear crisis will know that we’re facing a less dangerous situation than Three Mile Island.
Blog
Unintended Consequences, Low Flush Toilets
In yet another example of why prudence is necessary on the behalf of law makers, who might have a little more faith in the market…
Blog
Regulation of the Day 166: Cowboy Poetry
This year’s budget battle is especially heated. Democrats want the federal budget to be $3.7 trillion. Republicans want it to be $3.6 trillion. Both sides…
Blog
My Statement on the REINS Act Hearing
Here's my full statement on today's House Judiciary Committee hearing on the REINS Act: We commend the House Judiciary Committee for gathering distinguished experts…
Blog
Alcohol Regulation Roundup: Fat Tuesday Edition
Happy Fat Tuesday, everyone! While you enjoy that frosty alcoholic beverage, enjoy this latest round of alcohol-related regulatory actions throughout the nation:…
News Release
Major Reg Reform Bill, REINS Act, Vetted Before House Judiciary Committee Today
Washington, D.C., March 8, 2011 — Congress has an opportunity to restore oversight and accountability to federal regulatory agencies run amuck, as the House Judiciary…
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