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
Regulatory reform takes all three branches
Over at The Hill, Wayne Crews and I argue that regulatory reform requires all three branches of government. Not only is a healthy separation…

Blog
What the DOGE debates really reveal
Last week I took part in a point/counterpoint on the Elon Musk-led Department of Government Efficiency (DOGE), making a brief case for its mission and…

Blog
The week in regulations: Medical devices and tuna
President Trump proposed a 100 percent tariff on foreign movies, and reopening Alcatraz. The US and UK announced a trade deal. The Vatican named a new…
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Op-Eds
Who Is Watching the Watchdog?
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Today in the D.C. Circuit Court of Appeals, outspoken hedge fund manager…
News Release
SEC Changes Policy to Combat Potential Bird Flu Epidemic
Washington, D.C., December 6, 2005—In a move that could save thousands of lives, the U.S. Securities and Exchange Commission has cleared the red tape of…
News Release
Misspending, Abuses Marks Tobacco Settlement Anniversary
Christine Hall, 202.331.2258 Washington, D.C., November 28, 2005—Seven years ago this month, the states signed the biggest settlement deal in history with major tobacco…
News Release
Sen. Hillary Clinton Pushes for Faster FDA Approvals?
Contact: Jody Clarke, 202.331.2252 Washington, D.C., November 18, 2005—On her trip to Israel this week, Senator Hillary Clinton (D-NY) took part in a photo-op…
News Release
Supreme Court Nominee Alito Good News
Washington, D.C., October 31, 2005—The President's nomination of Third Circuit Judge Sam Alito to serve on the Supreme Court is good news.<?xml:namespace prefix…
Ideas in Action
LordD have MerCIe Vpon Vs
In some places in London, you can find scratched on old walls the imprecation, LorD haVe MerCIe Vpon Vs. The curious arrangement of the capital…
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