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

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Half of 2025’s public laws are Biden rule killers
In a notable twist, Congress has spent half of 2025’s lawmaking undoing Biden regulations. So far in the 119th Congress, 31 public laws have been…

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The week in regulations: Blue food coloring and pipeline recordkeeping
The Liberation Day tariffs took effect on August 7. The president continues to announce new tariffs on pharmaceuticals, semiconductors, and more. Republicans are proposing gerrymandering…

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Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…
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Jim Hood: Another of the Nation’s Worst State Attorneys General
Mississippi Attorney General Jim Hood has a truly awful record, as today’s Wall Street Journal notes, citing his links to trial lawyers who tried…
Blog
Bill to Regulate Political Speech Fails
It was mostly Democrats who favored the DISCLOSE Act. But Republicans are no heroes on this issue. Don't believe their posturing.
Blog
Regulation of the Day 144: Underage Senior Citizens
Bob Russ is 66 years old. He was denied entry to the Oregon Brewer’s Festival because he lacked a valid photo ID to prove he…
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America’s Worst State Attorney Generals Exposed; Consumers and Businesses Ripped Off
The nation’s worst state attorney generals use lawsuits as a weapon to redistribute billions of dollars from businesses and consumers to their wealthy trial-lawyer friends…
Newsletter
Online Privacy, Food Safety and Unemployment Benefits
The Senate Commerce Committee prepares for a hearing on consumer online privacy. Environmental groups sue to compel the Food and Drug Administration to ban the…
Citation
Financial Overhaul Just Another Case of Government Overreach
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