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 provisional look at the Trump 2.0 deregulation record
Early in his first term, Donald Trump ordered agencies to eliminate at least two rules for every “significant” one added – rules generally carrying $100…

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The week in regulations: Sausage colors and patriotic education
The Federal Reserve cut interest rates. Attorney General Pam Bondi threatened to prosecute hate speech. ABC pulled late night host Jimmy Kimmel off the air…

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GOOD Act markup: The first step in illuminating regulatory dark matter
The Senate Homeland Security and Governmental Affairs Committee (HSGAC) is soon expected to mark up the Guidance Out of Darkness (GOOD) Act, an important bipartisan…
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Flirting With Disaster
Congress is again exploring new ways to undermine the private market for homeowners insurance in disaster-prone parts of the country. On February…
News Release
Hidden “Taxes” Cost Families 20 Percent of Income
Washington, DC, January 22, 1998 — Federal regulations cost taxpayers $688 billion in 1997, over 40 percent more than the size of the entire…
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Bail Out For The Foolish
My Daddy always said never get between a fool and his mistake – it would sacrifice the only good that might come from the…
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The Economy of the Mind
Address to the Competitive Enterprise Institute ANA Hotel, Washington D.C. Tuesday, October 21, 1997 Thank you, Stan [Evans]. As Bill Clinton says…
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Abusing Discrimination
In America at century’s end, the surest way to obtain special treatment for a social group is to assert that its members suffer…
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Disparate Impact Dangers
On March 10 one of the nation's largest property and casualty insurers, Nationwide Insurance Company, agreed to part with $13.2 million to settle allegations…
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