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 Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code of…

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The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August 1.

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The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…
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Op-Eds
Clearing the Air on Regulatory Excess
The Clinton EPAs biggest regulatory victory was turned into its biggest legal defeat last Friday, as the U.S. Court of Appeals for the District of…
Op-Eds
Enemies of the Stasis
Virginia Postrel’s excellent The Future and Its Enemies (Free Press, 1998, 265 pages) details the many ways in which the forces of dynamism conflict with…
Citation
High Price of Regulations
Op-Eds
Vice President’s Plan to Change Method to Measure GDP (Letter to the Editor)
Michael Evans’ April 6 commentary “Misguided Solution for debtors” did eh:. excellent job of refuting .Vice. President Al Gore’s plan’ to sell the gold reserves…
Study
Free Speech and Alcohol: How Much Is Too Much?
On February 5th, the Bureau of Alcohol, Tobacco, and Firearms (ATF), approved two wine labels containing the following statements: The proud people…
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The Simple ABC’s of Regulatory Reform
View Full Document as PDF Streaming out of Washington now are sometimes bizarre regulations covering, among other things; workplace ergonomics, flammability…
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