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: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…

Blog
The CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…

Blog
The week in regulations: Nuclear coolant and medical food
President Trump’s Liberation Day tariffs are set to take effect on August 7 for countries he did not strike deals with. He is also ending…
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Congress Expected to Vote Soon on Repealing “Don’t Ask, Don’t Tell” Policy Restricting Gay Soldiers
“Separate votes” are expected “in the House and Senate later this week on legislation repealing the ‘Don’t ask, don’t tell’ restriction on gays serving…
Newsletter
Union Bus Drivers, Fannie Mae Reform and Transportation Partnerships
In New York, bus drivers can take months of paid leave to recuperate from being spit on by passengers. The Obama…
Blog
More Bailouts for Corrupt Mortgage Giants: “More Aid Expected for Fannie, Freddie”
The bailouts are getting even bigger, for the most undeserving recipients. “More Aid Expected for Fannie, Freddie,” reports The Washington Post. The Obama administration…
Blog
California: Leading the Way in Failure
As one might expect of California, successful transportation public-private partnerships (P3s) face many government hurdles. In the early 1990s, the California Department of Transportation…
Citation
Obama’s Secular Socialist Legacy
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Liquor Licensing Overhaul Brewing in NJ
Democratic Senator James Beach introduced a set of bills earlier this month that, if passed by the New Jersey state senate, will make it…
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