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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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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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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Regulation of the Day 177: Single-Wide Trailers
In Cordova, Alabama single-wide trailer homes are illegal. After years of lax enforcement, regulators are cracking down after tornadoes left many residents homeless.
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NLRB Targets Boeing, Ignores Congress
It is now well known that the Obama administration is trying to use the National Labor Relations Board (NLRB) as a battering ram to…
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New York Times on “Paternalistic” Government
The Dining section of today’s New York Times has a short piece reporting that the U.S. Department of Agriculture has lowered…
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Dismantling Sarbanes-Oxley
My colleague Ryan Radia and I recently wrote in an editorial for Investor's Business Daily that the 2002 Sarbanes-Oxley Act should be dismantled for the…
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Mind-boggling Increase in Tuition Since 1960 Even as Students Learn Less and Less
There has been a truly mind-boggling increase in college tuition since 1960. For example, law school tuition has risen nearly 1,000 percent after adjusting…
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Alcohol Producers in Texas Must Unite For their Right to Produce
As discussed in my latest "Alcohol Regulation Roundup" post, a representative for brewing giant, Anheuser-Busch (AB-InBev) testified at a Lone Star State Senate…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
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Marlo Lewis, Jr.
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