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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This Week in Ridiculous Regulations
Scientists may have found potential chemical evidence of life on Venus—phosphine gas, which in Venusian conditions may well have been produced by anaerobic (non-oxygen-using)…
Blog
This Week in Ridiculous Regulations
It was a four-day work week due to Labor Day. There were massive fires along the West coast, and Congress declined to pass a $500…
Blog
Executive Order 13,891 Sub-Regulatory Guidance Document Portal Tops 70,000 Entries
Congress makes laws. Agencies make rules, but they also issue guidance documents in heretofore unknown quantity. The year 2019 brought Executive Order 13891 (“Promoting the…
Blog
This Week in Ridiculous Regulations
As Labor Day marked the unofficial end of summer, the unemployment rate went back down to 8.4 percent, and Attorney General Barr announced that the…
Blog
This Week in Ridiculous Regulations
COVID-19 deaths passed 200,000 in the United States, and are roughly 1 million worldwide. Supreme Court Justice Ruth Bader Ginsburg’s passing sparked a fresh Supreme…
Acton Institute
Thank God for single-use plastic bags
Thank God for single-use plastic bags Acton Institute cites Senior Fellow Angela Logomasini on environmental regulation and consumer freedom. The policy hardly affects one of its…
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