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

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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Boston Globe
Obama — the Great Deregulator?
The Boston Globe cites Wayne Crews's comments on President Obama's executive order to stop "outdated" federal regulations. “This executive order is hardly a…
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Andrew Sullivan Blames Tea Party for Budget-Busting Deal That He, Not It, Supported
The deficit is largely the result of “feel-good” bipartisan policies supported by the political establishment. But rather than taking credit for the deficit it…
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Tim Carney Knows How Washington Works
Tim's latest column is a must-read. Lobbying wouldn't be such a booming business if regulation wasn't, too.
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Morning Media Summary
Tech: Gov will spend 400k pounds to destroy ID card data: “The cost of destroying the personal data collected under the ill-starred programme…
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Yes, Obamacare is a Government Takeover of the Health Care System
In Tuesday’s Washington Post, Glenn Kessler looked at Republican claims about Obamacare, such as the claim that it “is a ‘government takeover’ of the health…
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New York City Taxi Alliance Opposes Competition
From their webpage, we see a press release denouncing Mayor Bloomberg’s decision to allow livery cars (limousines, personal hired cars, etc.) to pick…
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Morning Media Summary
Tech: Starbucks launches largest mobile payment program in the US: “Starbucks has started accepting mobile payments. Customers can use the Starbucks Card Mobile…
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Six Painless Ways to Cut Federal Red Tape
President Obama signed an Executive Order this week that will initiate a "government-wide review of the rules already on the books to remove outdated regulations…
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EPA to Re-Brand Mortality Risk Reduction
A recent paper published by the EPA provides up to date governmental thoughts on attempts to put a value on a statistical life (VSL)…
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Morning Media Summary
Tech: FCC signs off on Comcast’s bid to control NBC Universal: “Federal regulators signed off on Comcast Corp.’s bid to control NBC Universal,…
AOL News
6 Painless Ways to Cut Federal Red Tape
In this age of trillion-dollar budgets, deficits and stimulus packages, taxes and spending get all the press. But while the $3.5 trillion federal budget…
Wall Street Journal
Move Reflect Shift In Presidents Tone
The Wall Street Journal discusses regulations and executive orders with Wayne Crews. He didn't disavow the Dodd-Frank Act nor his new health-care law,…
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Reform Wetlands Policies
Liberate to Stimulate Index…
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Let Market Forces Regulate Internet Gambling
In June 2010, the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) was implemented after years of delays. The law regulates banking and credit processes related…
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Suspend Mark-to-Market Rules and Make Accounting Regulators Accountable
Liberate to Stimulate Index The Financial Accounting Standards Board (FASB) was hauled before Congressional hearings and members of both parties expressed concern…
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Protect Free Speech by Rejecting Content Regulation
Liberate to Stimulate Index In recent years, the First Amendment’s protections have been increasingly extended to commercial speech, such as product advertisements…
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Allow Immigrants Full Access to the American Economy
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Phase Out the National Flood Insurance Program
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Counteract Politicization of Federal Science Policy
Liberate to Stimulate Index The federal politicization of science in many areas is harming science itself. Ethics rules and advisory panel guidelines…
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Resist New Burdens on the Transportation Sector
Liberate to Stimulate Index The transportation industries—airline, railroad, shipping, and trucking—are networks involving both a flow and a grid. The flow element…
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Develop Smart Policies to Help Homeowners Deal with Natural Catastrophes
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Forge a Bipartisan Approach to End Corporate Welfare
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Put Mobility First in Surface Transportation
Liberate to Stimulate Index Surface transportation policy has become less rational and more ideological in recent decades. Environmentalists, urban planners, and their…
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Regulate Government Data Collection While Avoiding Perscriptive Privacy Regulation
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Resist Anti Consumer Antitrust Regulation
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Resist Forced Unionization of Public Safety Personnel
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Oppose Taxpayer Bailouts of Underfunded Union Pension Funds
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Reform the Transportation Security Administration
Liberate to Stimulate Index Reform of the Transportation Security Administration (TSA) is long overdue—as the recent passenger backlash against both the TSA’s…
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Restore the Constitutional Right to Property
Liberate to Stimulate Index The right to property is an essential part of a free society, and widespread private property ownership is…
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Eliminate Wage Ceilings for Unionized Workers
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Embrace Private Conservation of Land and Natural Resources
Liberate to Stimulate Index Private stewardship and markets play a critical role in land and natural resource conservation. Much of America’s land…
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Oppose Efforts to Impose Pro-Organized Labor Rules through Regulation
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Protect Endangered Species
Liberate to Stimulate Index The Endangered Species Act (ESA) of 1973 is bad for wildlife, because it is bad for people. It…
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End Federal Support for Renewable Energy
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Clarify the Role of Invasive Species
Liberate to Stimulate Index In the past, policies addressing problem plants and animals followed a rational path: They focused on controlling organisms…
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Increase Access to Energy
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Develop New Approaches to Preserve Ocean Resources
Liberate to Stimulate Index The world’s fisheries face severe decline. Because many of the world’s ocean resources are not “owned,” they tend…
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Trash Counterproductive Waste Disposal Policies
Liberate to Stimulate Index Many of the nation’s current solid waste policies follow an outdated, politicized, and government-centered model. State and local…
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End Bailouts and Government Ownership in Fannie/Freddie, GM, AIG, and Other Entities
Liberate to Stimulate Index On October 3, 2010, the federal government’s authority under the Troubled Asset Relief Program (TARP) officially expired. Rushed…
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Recognize the Elitist Nature of Anti-Sprawl Measures
Liberate to Stimulate Index For the greater part of the last century, many people have sought the American Dream by raising their…
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Affirm the Role of Property Rights in Water Rights Policies
Liberate to Stimulate Index Battles over limited water supplies in the United States and around the world have long produced conflicts and…
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Reject the Precautionary Principle, a Threat to Technological Progress
Liberate to Stimulate Index Increasingly, governments and environmental activists are demanding that producers of both new and old technologies prove that their…
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Deregulate to Stimulate
Liberate to Stimulate Index When it comes to our economy, how did we get into this mess and how do we get…
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Reduce Burdensome Regulation of Medicines and Medical Devices
Liberate to Stimulate Index Over the past century, American consumers have benefited from thousands of new pharmaceuticals and medical devices to help…
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Purify Federal Water Policies
Liberate to Stimulate Index Drinking Water. Drinking water policy should focus on how best to ensure that Americans have clean and safe…
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Ensure Consumers’ Access to Bottled Water
Liberate to Stimulate Index Bottled water offers many important benefits— including portability, emergency applications, and convenience. The bottled water industry had been…
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Enhance Auto Safety
Liberate to Stimulate Index Automotive safety is the primary mission of the National Highway Traffic Safety Administration (NHTSA). In recent decades, however,…
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Improve Food Safety and Quality through Greater Information, Consumer Choice, and Legal Accountability
Liberate to Stimulate Index Few issues are as important to consumers as the safety and quality of their food—from microbial contaminants to…
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Protect Incentives for Pharmaceutical Innovation
Liberate to Stimulate Index In recent years, Congress has faced mounting public pressure to “do something” about the rapidly rising prices of…
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Avoid Hindering the Internet’s Evolution through Net Neutrality Regulation
Liberate to Stimulate Index In 2010, Congress failed to enact legislation authorizing the Federal Communications Commission (FCC) to enforce network neutrality rules.
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