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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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
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Ten Thousand Commandments 2025
Introduction Record federal debt is contributing to record-setting regulatory burdens. While new spending programs show up in budget figures, new regulations requiring the private…
Blog
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…
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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…
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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…
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The week in regulations: Pool ladders and helicopters
President Trump paused his Liberation Day tariffs after financial markets crashed. Even with the pause, America’s tariffs are still among the world’s highest. Agencies…
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Paul Atkins is an excellent choice to lead the SEC
On Wednesday, the Senate confirmed Paul S. Atkins to serve as chair of the Securities and Exchange Commission (SEC). As I have stated…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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