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: 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…
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Brooks: More Regulations Don’t Have Huge Effect on Economy
David Brooks’ article today in The New York Times belittles the cost of regulation to American businesses and the U.S. economy and praises the…
News Release
House Expected to Vote Tomorrow on REINS Act
Washington, D.C., December 6, 2011 –Tomorrow, the U.S. House of Representatives will likely vote on the Regulations from the Executive In Need of Scrutiny…
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Labor Leaders for Communism!
Legendary labor leader Andy Stern has seen the future. There's no freedom there, but he's OK with that. Stern, a former president of the Service…
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On 10th Anniversary of Enron Collapse, Time for Sarbanes-Oxley to Go
Ten years ago today, Enron Corp. filed for bankruptcy. Today, with all of its dealings with banks, it would probably have been deemed "too big…
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GOP Hopefuls, Administration on Same Page
Op-Eds
The Regulatory Thicket
How to Do ItIn the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation.
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