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…

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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…
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$240 Billion Tobacco Deal Challenged in Supreme Court in S&M Brands v. Caldwell
Back in 1998, the states settled their lawsuits against the big tobacco companies in a deal called the tobacco Master Settlement Agreement -- the biggest…
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Morning Media Summary
Tech: London Stock Exchange Hit by Technical Glitch: The London Stock Exchange suffered a second embarrassing system glitch in a week on Friday…
Blog
Lessons from Four Loko: Don’t Be Too Good
That lawmakers are still wringing their hands about the alcoholic (formerly caffeinated) drink, Four Loko, reveals that their fears have nothing to do with…
Study
The Case for Reform of the Railway Labor Act
End Unionization through Regulation and Allow Workers to Decertify Unions…
Blog
Morning Media Summary
Tech: Google launches Apps certification program for IT pros: “Google has launched a program to certify that staffers at Google Apps resellers have specific…
Blog
Alcohol Regulation Roundup: February 24, 2011
Kansas: The Kansas Federal and State Affairs Committee approved legislation that would phase in the sale of full-strength beer, wine and liquor in grocery…
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