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
Myths of the Recession, Challenging the EPA and a Victory for Free Speech
Wall Street Journal editor George Melloan challenges popular misconceptions about the recent mortgage crisis and recession in a new book. Four members of Congress challenge…
Blog
A Good Day for Freedom of Speech
Advocating speech restrictions is a fancy way of saying, "my arguments are too weak to withstand criticism." Get better arguments, then!…
Blog
“Big, bad banks” — a “faux-populist” response
Uh-oh. It was speculation yesterday, but reality today – President Obama and the Democrats have the banking industry in their sights with their trigger…
Blog
Obama’s Glass-Steagall 2.0 could crash financial system
President Obama’s proposal today to bring back…
Blog
Regulation of the Day 102: The Size of Banks
The White House is expected to propose today a maximum allowable size for banks.
Op-Eds
Obama Plan to Split Banks Could Crash Economy
President Obama’s proposal today to bring back 1930s-like separation of commercial and investment banks, dubbed Glass-Steagall II or Glass-Steagall 2.0, would do…
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