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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A Brief Outline of a Regulatory Report Card Congress Should Enact
Measure what is measurable, and make measurable what is not so. — Quote frequently attributed to Galileo, that, alas, probably was not his.If I…
The Washington Examiner
Warning: Biden’s Costly Overregulation Turns ‘Extreme’
The Washington Examiner cites Vice President for Policy and Senior Fellow Wayne Crews on President Biden’s Trucking Action Plan and Vice President Kamala Harris’ federal…
National Review
If You Really Want Broad-Based Prosperity, Dismantle the Regulatory State
National Review cites Vice President for Strategy Iain Murray on dismantling the regulatory state: So argues Iain Murray of the Competitive Enterprise Institute in …
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Antitrust and the 99th Congress
Full Document Available in PDF…
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Washington Antitrust Report
View Full Document as PDF Antitrust reform is in serious trouble. The Administration’s efforts to legislate…
Washington Post
Antitrust Act May Undergo Major Changes
Op-Eds
An Antitrust Route to Re-regulation
From telecommunications to airlines and railroads, from banking to natural gas, from trucking to broadcasting, partial deregulation has changed the U.S. economic landscape for…
Op-Eds
Taxpayers Tied to the Tracks
Full article available in pdf. In the latest episode of the Perils of Pauline, the villain, (a.k.a., Amtrak—the most heavily subsidized…
Staff & Scholars

Clyde Wayne Crews
Vice President for Policy and Senior Fellow
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
- Antitrust
- Business and Government
- Regulatory Reform

Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government

Sam Kazman
General Counsel
- Antitrust
- Automobiles and Roads
- Banking and Finance

Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment