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
Op-Eds
Down in the Dumps
When most people hear the words “illegal dumping,” they probably think of someone using somebody else's trash dumpster without permission. However, in the…
Op-Eds
Time to Get Tough on Telecom Regulatory Reform
The FCC is not subject to any sort of mandatory “three strikes” law as are some criminals. But maybe there is justification for an equivalent…
Op-Eds
Many Talents Needed for FDA Post
The departure of FDA Commissioner Mark McClellan leaves a high-level opening in the Bush administration for the right candidate. It's a hard job, but…
News Release
DAILY DIARY – DEBUNK THE JUNK, APRIL 5, 2004
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Receipts available as a pdf. “A gentleman never…
News Release
DAILY DIARY: DEBUNK THE JUNK – APRIL 3, 2004
My academic journey has not been easy. Fortunately, I have always been very inquisitive and love reading so that combination has led me…
News Release
DAILY DIARY – Debunk the Junk Report – APRIL 2, 2004
Receipts available as a pdf. “Even when all the experts agree, they may well be mistaken.” – Bertrand…
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