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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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Is Bush or Obama the Bigger Regulator?
What the President said on Tuesday is technically correct. But, as with almost all political statements, there is more to the story.
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The Silver Platypus
Last week, the Metropolitan Washington Airports Authority announced it was considering scrapping the Silver Line stop at Dulles Airport. Though the Silver line was designed…
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Social Security: The Birth of Big Brother
Nearly eight decades after President Franklin D. Roosevelt signed the Social Security Act into law in 1935, the program remains the most popular ever instituted…
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Who’s the Bigger Regulator: Bush or Obama?
During his State of the Union address Tuesday, President Barack Obama got applause for acknowledging that some federal regulations are outdated, unnecessary or costly. He…
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Stimulus was Designed to Provide Pork and Payoffs, Not to Revive the Economy
Harvard University economist Jeffrey Miron argued that the $800 billion stimulus package wasn't even designed to stimulate the economy, but rather to benefit…
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A Hidden Cost of Antitrust Regulation
Bryan Caplan argues that antitrust enforcement literally kills people. Bill Gates has given away billions of dollars and saved countless lives. If not for the…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment