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 regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
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The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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Free to Prosper: Regulatory Reform
Read the full chapter on regulatory reform here The COVID-19 pandemic changed a lot of things. One of those things is regulation. People quickly…
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Free to Prosper: Technology and Telecommunications
View the full chapter on technology and telecommunications here Few economic sectors rival the technology and telecommunications industries in how rapidly—and momentously—they have evolved.
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Free to Prosper: Food, Drugs, and Consumer Freedom
View the full chapter on food, drugs, and consumer freedom here Few matters are as important to individuals as the foods they eat, how…
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Free to Prosper: Medical Technology and Health Care
View the full chapter on medical technology and health care here American consumers benefit from a bounty of choice, competition, and innovation in health…
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Free to Prosper: Trade
View the full chapter on trade here The new Congress has two urgent tasks on trade policy. First, it needs to help heal the…
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Free to Prosper: Transportation
View the full chapter on transportation here Mobility is one of our most important needs, one we often take for granted until it is…
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