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: Lead paint and mailing firearms
Gas prices topped $4.00 per gallon. The one-year anniversary of President Trump’s Liberation Day tariffs was solemnly observed. Trump fired Attorney General Pam Bondi. Agencies…
Blog
Free the Economy podcast: Kids, social media, and the First Amendment with Jessica Melugin
In this week’s episode we cover budget reconciliation and deficit spending, the burdens of Total Boomer Luxury Communism, and how to counteract…
Blog
Federal regulation 1st quarter 2026 report: Bureaucracy on the back foot
Here at the close of the first quarter of 2026, the March 31 Federal Register stands at 16,115 pages, containing 609 final rules and 416…
Search Posts
Blog
Democratic Senator Blasts Union Boss
It’s not every day that a Democratic Senator blasts a labor union, which is why the recent mini-controversy surrounding the nomination of United Transportation Union…
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.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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