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.
Featured Posts
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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…
Search Posts
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End Bailouts and Government Ownership in Fannie/Freddie, GM, AIG, and Other Entities
Liberate to Stimulate Index On October 3, 2010, the federal government’s authority under the Troubled Asset Relief Program (TARP) officially expired. Rushed…
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Recognize the Elitist Nature of Anti-Sprawl Measures
Liberate to Stimulate Index For the greater part of the last century, many people have sought the American Dream by raising their…
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Affirm the Role of Property Rights in Water Rights Policies
Liberate to Stimulate Index Battles over limited water supplies in the United States and around the world have long produced conflicts and…
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Reject the Precautionary Principle, a Threat to Technological Progress
Liberate to Stimulate Index Increasingly, governments and environmental activists are demanding that producers of both new and old technologies prove that their…
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Deregulate to Stimulate
Liberate to Stimulate Index When it comes to our economy, how did we get into this mess and how do we get…
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Reduce Burdensome Regulation of Medicines and Medical Devices
Liberate to Stimulate Index Over the past century, American consumers have benefited from thousands of new pharmaceuticals and medical devices to help…
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