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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National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Op-Eds
Don’t Cross these Lines
Please click on .pdf link above to view article.
Op-Eds
Barriers to Private Insurance
Full Document Available in PDF The American insurance industry is shackled by regulations and restrictions…
Op-Eds
An Environmental House of Cards
AFTER REPEATEDLY HEARING “read my lips, no new taxes,” it is appropriate to ask whether President Bush’s promise to be green was simply protective coloration.
Op-Eds
Deadly Overcaution: FDA’s Drug Approval Process
Full article available in PDF When the federal Food and Drug Administration announces its approval of an important new drug, the…
Op-Eds
Biotechnology Flirts with the Regulators
Biotechnology, like other unfamiliar high tech industries, offers great hopes but arouses even greater fears. Politicians, the record proves, are far more likely to respond to…
Citation
The ‘Competitiveness’ Hoax
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