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
Tim Carney on State-Level Insurance Protectionism
In one regulated area of the economy after another, it’s exasperating to hear journalists and pundits claim that, “The market has failed,” when in fact…
Blog
Federal Budget Deficit Hits $1,270,000,000,000
Federal spending is going up. Tax receipts are going down. 2009's federal budget deficit is now up to $1.27 trillion as a result. That's about…
Blog
Don’t Forget Cap and Trade!
Even though 4 Democratic Senators are so nervous about the electricity tax called cap-and-trade they are urging their leadership to drop it from the…
Newsletter
TARP Transparency, Stimulating Recession and Union Arrogance
Congress cites a lack of financial transparency in a report sharply critical of the Troubled Asset Relief Program (TARP) bailout. The economies of Germany and…
Blog
Regulation of the Day 32: Migratory Birds
If you’re planning on hunting migratory birds this year, be sure to read all 14 subparts and 61 sections in Title 50 of the Code…
Blog
Democratic Senator Blasts Union Boss
It’s not every day that a Democratic Senator blasts a labor union, which is why the recent mini-controversy surrounding the nomination of United Transportation Union…
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