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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Newsletter
Whole Foods Merger, Ethanol’s Impact and Health Savings Accounts
A federal court calls into question the recent merger of Whole Foods and Wild Oats natural food stores. South Asian leaders meet to discuss food…
News Release
Congress Examines Burdens of Federal Regulation
Today members of the House Small Business Committee are hearing testimony on the burdens of federal regulation and the need for reform. Wayne Crews, Vice…
Cafe Hayek
Regulation by Markets, Not by Bureaucrats
Real Clear Markets
Corporate Welfare for XM/Sirius Competitors?
After a year's delay, Federal Communications Commission (FCC) Chairman Kevin Martin blessed Sirius Satellite Radio’s buyout of its competitor, XM. Martin is just one of…
Real Clear Markets
the cost of federal regulation
TRIB Live
Ten Thousand Commandments and Government Regulations
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment