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
The Walgreen Amendment
In passing the financial regulation bill, U.S. Senators made a point of how they were going after the “fat cats” on Wall Street.
Blog
Judge Blocks Gulf Drilling Ban, Citing Deception by Obama Administration; Obama Continues to Delay Gulf Clean-Up
A federal judge has just blocked the Obama administration from imposing a blanket ban on drilling in the Gulf of Mexico.
Blog
Supreme Court Upholds Controversial Antiterror Law; More Clues About Elena Kagan
Supreme Court nominee Elena Kagan was instrumental in getting President Clinton to veto a ban on partial-birth abortion. She also lumped…
Blog
Obama Administration Blocks Clean-Up of Oil Spill by Louisiana and Foreign Allies By Imposing Red Tape
The Obama Administration recently used red tape to force Louisiana to stop using 16 barges that were cleaning up the Gulf…
Newsletter
Online Gambling, Orcs on Wall Street and the Chimera of Green Jobs
Congress continues to discuss a plan that would legalize online gambling in all fifty states. The government is on the prowl…
Blog
Friday Regulation Roundup
Arizona spends $1,250,000 to save 250 squirrels, plus more.
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