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
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…

Blog
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…

Blog
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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Newsletter
Financial Reform, Hurricane Season and Bank Fees
Congress continues negotiations on a major financial reform bill. Florida Governor Charlie Christ vetoes a bill that would have allowed Florida insurance companies to build…
Blog
Congress Destroys Free Checking Accounts by Blocking Overdraft Fees for the Irresponsible
Banks can afford to offer free checking accounts with no minimum balance, to responsible people, only because they can charge overdraft fees to irresponsible people. …
Blog
Mordor Looks For More Wealth For Its Orcs
John Gapper has a very good column in the Financial Times today. He issues a timely warning that governments are on the prowl, looking…
Letters
No Place for Corporate Welfare in Financial Regulation
Full Document Available in PDF As leaders of groups representing millions of Americans that comprise a Center-Right Coalition, we oppose price controls in…
Blog
Obama Uses Oil Spill to Push Failed Energy Policies
In his speech last night, President Obama used the massive oil spill in the Gulf of Mexico to push his failed energy policies, such…
Blog
Cell Phone Cancer Scare Refuses to Die
Some people are scared that cell phones cause brain tumors. There are enough of these bedwetters that San Francisco just passed a new law requiring…
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