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

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Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…

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The CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…

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The week in regulations: Nuclear coolant and medical food
President Trump’s Liberation Day tariffs are set to take effect on August 7 for countries he did not strike deals with. He is also ending…
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Newsletter
Pub Restrictions, Tax Freedom Day and Turmoil in Kyrgyzstan
UK regulators are punishing pub owners for promoting happy hour specials and drinking games. April 9th is Tax Freedom Day, statistically the day Americans have…
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Friday Regulation Roundup
It is illegal in Kentucky for anyone under 18 to play pool without photo ID and written parental consent.
Blog
Tax Freedom Day
Today, April 9, is Tax Freedom Day. According to the Tax Foundation, that's how long you have to work just to pay off your taxes.
Op-Eds
Fannie, Freddie Finally the Focus of Crisis Commission
The congressionally chartered Financial Crisis Inquiry Commission, after several months, finally is visiting the role of the government-sponsored enterprises Fannie Mae and Freddie Mac…
Blog
Regulation of the Day 133: Feeding Ducks
A new ordinance in San Luis Obispo, California makes it illegal to feed ducks.
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Regulation of the Day 132: Fire Sprinklers
Cries for tax simplification grow every year. How does Congress respond? By introducing legislation to "amend the Internal Revenue Code of 1986 to classify automatic…
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