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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Newsletter
National Security, Federal Red Tape and Private Government in Florida
The Washington Post reports that 854,000 people have top-secret security clearances. The Federal Register for 2010 now exceeds 40,000 pages. Just outside of Florida’s Walt…
Blog
Federal Register Hits 40,000 Pages
The Federal Register’s page growth has been accelerating as the year has progressed. It is currently on pace for 76,536 pages.
Blog
Senate Passes Financial “Reform” That Leaves Corrupt Bailout Recipients Unreformed, While Harming the Public
Yesterday, the Senate passed a so-called financial reform bill by a vote of 60-to-38, making it all but certain to become law. The bill…
Blog
Earthquake Hits Washington, D.C. Area; Politicians Seek to Expand Bailouts and Subsidize Earthquake Insurance
A mild earthquake hit the Washington, D.C. area this morning at around 5 a.m. It broke a jar of grapefruit marmalade that fell…
Newsletter
Financial Regulation, the Gulf Oil Spill, and Privacy on Facebook
Congress passes the Dodd-Frank financial regulation bill. The New York Times chronicles the economic fallout from the BP oil spill. Pundits argue that Facebook is…
Blog
No, NHTSA didn’t blame all Toyota’s troubles on driver error
I can’t count how many people sent me items about how NHTSA says the whole Toyota Tempest has now been determined by the government to…
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