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: The culture of free enterprise with Larry Reed
In this week’s episode we cover social mobility around the world, new inflation numbers, and the rise of robotaxis. Our…
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The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
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Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
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Purify Federal Water Policies
Liberate to Stimulate Index Drinking Water. Drinking water policy should focus on how best to ensure that Americans have clean and safe…
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Ensure Consumers’ Access to Bottled Water
Liberate to Stimulate Index Bottled water offers many important benefits— including portability, emergency applications, and convenience. The bottled water industry had been…
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Enhance Auto Safety
Liberate to Stimulate Index Automotive safety is the primary mission of the National Highway Traffic Safety Administration (NHTSA). In recent decades, however,…
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Improve Food Safety and Quality through Greater Information, Consumer Choice, and Legal Accountability
Liberate to Stimulate Index Few issues are as important to consumers as the safety and quality of their food—from microbial contaminants to…
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Protect Incentives for Pharmaceutical Innovation
Liberate to Stimulate Index In recent years, Congress has faced mounting public pressure to “do something” about the rapidly rising prices of…
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Avoid Hindering the Internet’s Evolution through Net Neutrality Regulation
Liberate to Stimulate Index In 2010, Congress failed to enact legislation authorizing the Federal Communications Commission (FCC) to enforce network neutrality rules.
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