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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Catching Air Without NASA: How Will We Regulate Commercial Space Flight?
What if having a vibrant space program requires bypassing NASA? There exist great pressures for change despite NASA’s signature successes. The private experimental launches…
Tech News World
FCC Aims to Get Carriers’ Sticky Fingers Out of Customers’ Pockets
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We Need Regulators, Not Interveners
Most of what people call regulation doesn't have anything to with regular commerce. These kinds of rules are more accurately called interventions.
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Meet Your New Mom: Kathleen Sebelius and Cigarette Warnings
Health and Human Services Director Kathleen Sebelius recently made a revealing statement on how she perceives the role of government and her place within…
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A Peek Inside the Bureaucrat’s Mind
By now, this story about the city of Portland, Oregon, deciding to drain nearly 8 million gallons of water from one…
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Improve Americans’ Physical and Fiscal Health: Cut Out the FDA
President Obama made a big show about cutting “red tape” government regulations that kill jobs and hurt the economy. In addition, members of the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment