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…

Blog
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.

Blog
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…
Search Posts
Blog
Use the Congressional Review Act to strike rules not reported to Congress and GAO
Significant attention is likely to turn to Joe Biden’s ambitious regulatory agenda before summertime. That’s because rules the administration finalizes “late”—during the last 60 in-session…
Blog
This week in ridiculous regulations: address labels and consumer reviews
Yet another federal shutdown crisis was averted, this time until March. The Senate Environment and Public Works Committee marked up the PROVE It Act,…
Blog
This week in ridiculous regulations: Independent contractors and emergency haddock action
Happy MLK-government snow shutdown days, everyone. There was more shutdown drama last week. The US launched strikes against the Houthis, one of three factions trying…
Letters
NTU Coalition Letter on Important Needed Tax Reforms
Dear Majority Leader Schumer, Speaker Johnson, Minority Leader McConnell and Minority Leader Jeffries, On behalf of the undersigned organizations who represent the interests of taxpayers,…
Blog
Unconstitutionality Index going into 2024: 46 rules for every law
The Biden’s administration’s 3,018 rules and regulations of 2023 is fairly typical of agency output these days. But while rule counts remain relatively stable,…
Blog
American small businesses are paying through the roof for regulations
In a new column at Forbes, I take look at the National Association of Manufacturers’ (NAM) update of its …
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