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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Op-Eds
Crisis Management
One of the more confusing aspects of the great economic meltdown of 2008-09—even more confusing than collateralized debt obligations—has been the tortured…
Blog
Populism, jobs and the economy — where do we go from here?
Scott Brown’s decisive victory in the Massachusetts Senate race has upturned the Democrats’ Progressive agenda. Brown, “the people’s seat” senator, had a resonant message…
Blog
Why does everybody think BPA is safe but us?
Regarding the ubiquitous plastic ingredient bisphenol A (BPA), my colleague Angela Logomasini blogged that “The greens are rejoicing today because the Food and Drug…
Blog
Regulation of the Day 101: Brushing Teeth After Meals
[A]ny child who has a meal in day care or is in care for more than four hours will be required to brush their teeth,…
News Release
Report Card for the Obama Administration
One year ago today, Barack Obama took the oath of office as President of the United States. Since then, he and his appointees have had…
Blog
Steve Forbes: How Capitalism Will Save Us
Steve Forbes gave a very good talk today, on the topic of his new book (co-authored with Elizabeth Ames), How Capitalism Will Save Us:…
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