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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Obamacare Attacks Your Flex Account — Minimize Damage in 2013 by Doubling Up for 2012
Hey Joe and Jane Citizen, concerned about the future of your country and your family. Please step away for five minutes from the nonstop TV coverage…
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Middle Class in Big Trouble
A new study titled Growth in the Residential Segregation of Families by Income 1970-2009 by Stanford University researchers throws harsh light on a disturbing…
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Alcohol Regulation Roundup: Turkey Day Edition
As Thanksgiving quickly approaches many hosts and hostesses are scratching their heads about what drinks to pair with their meal items. The Washington Post…
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Regulation of the Day 198: Talking about Water
In a ruling so dumb that only a panel of intellectuals could have written it, the EU has decided that companies may not claim…
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Sen. Hagan Bill Would Expand Accelerated Drug Approval
According to Bloomberg News, North Carolina Democratic Senator Kay Hagan is set to introduce a bill that would create new “progressive”…
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High-Speed Fail: Even Left-Leaning Washington Post Criticizes Obama Administration Rail Boondoggles in California and Elsewhere
Even the left-leaning Washington Post, which has not endorsed a Republican for President since 1952, is getting fed up with the Obama administration's desire to…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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