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.
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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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Regulation of the Day 109: Unplanned Castles
In 2002, Robert Fidler built his family a house that resembles a castle. It is his dream home. Authorities want to require him to demolish…
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Regulation of the Day 108: Murals in Front of Houses
A Los Angeles couple recently paid an artist to paint a mural on the wall in front of their house. The city is threatening the…
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Government Unions up, Private Sector Unions down but not out
The Wall Street Journal explains the significance of the crucial shift in union membership that reached a tipping point last week: More union members…
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Virginia Legislators Kill Bills to Mandate Child Support for Adult College Students
Virginia legislators recently killed bills to extend child support to adult college students. The bills would have required a non-custodial parent to make payments to…
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Obama can Aid Small Businesses by Providing Regulatory Reform
In news accounts about fights over new regulation, the story is almost always the same. The media portray the drama as that of well-intentioned…
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The Nation Confirms Craig Becker’s Radicalism
Former Service Employees International Union (SEIU) associate general counsel Craig Becker, who has been nominated to the National Labor Relations Board (NLRB) by President Obama,…
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