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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Blog
Regulation of the Day 31: Fraud in Wholesale Oil Markets
If you’re a wholesaler of crude oil or gasoline, a new FTC rule makes it illegal to engage in any business practice that“operates or would…
Blog
Fact Checkers: Obama Is Lying About Health Care
USA Today caught Obama telling three fibs about health care, such as falsely claiming that “under the reform we’re proposing, if you like your…
Blog
More alternatives to Obamacare
Lots of commonsense suggestions to rein in health care costs that won’t bankrupt the country in John Mackey’s op-ed in the Wall…
Blog
Neutering the Net
The Washington Examiner has published my op-ed on net neutrality: A war is waging over the future of the Internet. On one…
Blog
Regulation of the Day 30: Labeling Mustard
If your company makes mustard bottles that are reusable as beer mugs, you are specifically required to put a country-of-origin label on your product.
Blog
The Truth About Town Hall Meetings
Yesterday, the Obama administration distanced itself from some of the more outrageous comments made by congressional Democrats, including one made by House Speaker Nancy Pelosi…
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