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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Defending the Incandescent Light Bulb
Jim DiPeso, writing at The Daily Green, does not care much for Freedom Action’s campaign to overturn the impending ban on…
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Morning Media Summary
Tech: Computer crushes the competition on ‘Jeopardy!’: “The computer outsmarted its human competition in Game 1 of the Man vs. Machine competition on…
Washington Examiner
Sen. Toomey Demands Spending Reform Instead of Debt Ceiling Hike
At Heritage, Sen. Pat Toomey, R-Pa., promises not to consider raising the debt ceiling until Congress reforms America’s “unsustainable” spending habits. Toomey’s slim…
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Morning Media Summary
Tech: Google Launches Site-Blocking Extension Against Content Farms: “Aimed at stripping search results of pages from “low-quality” sites, a new Google Chrome extension…
Blog
Regulation of the Day 165: Singing in Public
It is against the law to sing in public in Anderson, South Carolina. But the ban could be lifted as soon as today.
Blog
Michigan May Fire Salvo Against Regressive Debit Card Price Controls
In the battle against Obamacare, the shots heard ’round the world were resolutions against the law by state legislatures. These resolutions led to court cases that…
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