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…
Search Posts
Blog
Alcohol Regulation Roundup: February 23, 2011
Alabama: After passing through the state Senate and House, Tuscaloosa voters approved a bill that legalizes Sunday sales of alcohol within…
Blog
Morning Media Summary
Tech: Amazon Rolls Out Instant Streaming for ‘Prime’ Members: “Amazon.com (AMZN: 180.45, 0.00, 0.00%) on Tuesday announced its highly-rumored video-streaming service for customers subscribing…
Blog
No, Wisconsin’s Budget Deficit Wasn’t “Manufactured” by Walker and the GOP
Wisconsin is one of the most heavily taxed states in the country, and its government employees are paid much better than the state’s…
Op-Eds
$240 billion tobacco deal challenged in Supreme Court
Back in 1998, the states settled their lawsuits against the big tobacco companies in something called the tobacco Master Settlement Agreement – the biggest legal…
Blog
Egyptian Military Seeks to Reverse Economic Reforms
The military government that replaced Egyptian ruler Hosni Mubarak is now moving to reverse recent reforms that gave Egypt solid economic growth in the last several…
Blog
Remembering Jack Calfee
The sad news of Jack Calfee’s death came out of the blue yesterday morning. I first met Jack about two decades…
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