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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Don’t let the next crisis grow the government—again
“Now, I’m going to sign this, and it’s a great honor — $6.2 trillion. I’ve never signed anything with a “T”…

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The week in regulations: Wildfire appraisals and portable spas
President Trump and El Salvador president Nayib Bukele confirmed that they would continue to imprison people without due process. Agencies issued new regulations ranging from…

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The executive order that could kill trillion-dollar bailouts
The federal government doesn’t just spend—it also regulates through spending. That’s one reason crises so often inflate Washington’s role in American life. But as I…
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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
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