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: 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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The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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Put it in quotes: health care “reform”
Robert J. Samuelson has a hard-hitting column in today’s Washington Post on the non-reform elements of the health care reform package. He points out…
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Dems’ Health Care Bill Looking Weaker by the Day
For the Democrats still supporting the health care overhaul, the blows just keep coming. As if the financial problems I described in a previous…
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Health Insurance Reform: look at what does and doesn’t work already
“One of the methods used by statists to destroy capitalism consists in establishing controls that tie a given industry hand and…
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How to End the War over Antitrust
If the executive branch is not going to consistently enforce antitrust laws -- and they shouldn't -- they should be repealed.
Blog
Regulation of the Day 21: Potato Research and Promotion
The Agricultural Marketing Service has a potato research and marketing plan, pursuant to the Potato Research and Marketing Act.
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Getting the Health Care You Pay For
There was a good front page article in yesterday's Washington Post on the history of advances in medical science and technology. The conclusion: Although the…
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