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.
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News Release
Senator Ron Johnson and 15 GOP Colleagues Introduce Guidance Out of Darkness Act in 118th Congress
Senator Ron Johnson (R-WI) introduced the Guidance Out of Darkness (GOOD) Act this week, a bill aimed at bringing transparency to agency guidance documents…

Blog
This Week in Ridiculous Regulations
President Biden released a $6.8 trillion proposed budget. The labor force grew by 311,000 people in February. Meanwhile, agencies issued new regulations ranging…

Blog
Regulatory Reform in the 118th Congress: The ALERT Act
Transparency is a vital part of good government. It is also lacking in the regulatory process. H.R. 262, The All Economic Regulations are Transparent…
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Study
Property Wrongs: The Growth of Federal Land-Use Control
Full Document Available in PDF In the spring of…
Study
Public vs. Private Land Management: Which is Better for the Environment
Full Document Available in PDF The…
Study
Putting People Last: Endangered Species vs. People
Full Document Available in PDF Law-abiding, workaday Americans all across…
Study
Instrastate Trucking: Stronghold of the Regulators
The deregulatory wave of the 1970s and early 1980s freed the railroads, the airlines, air cargo carriers, and interstate trucking and buses from the…
Study
Pick a Number
Full Study Available in PDF How much would you be willing to pay for an…
Op-Eds
Better Living Through Government Mandate
Technology—or rather government-favored technology—has gained favor among Washington politicos and activists. Technology, these activists seem to believe, makes it possible to mandate almost anything—recycling,…
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