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: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
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The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
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Forbes
Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State
Bloated by Congress’s delegation of most lawmaking, the Administrative State sits in America’s middle seat with its elbows out.
Blog
Administrative Procedure Act Limitations: Cost Measurement and Disclosure
U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and…
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The Shutdown Is Over: How Does that Affect Regulation?
During the partial shutdown, the Federal Register slowed to a crawl. Published every weekday, an average day’s edition consists of about 270 pages and contains…
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This Week in Ridiculous Regulations
The partial shutdown ended on Friday, though only on a three-week deal. This likely will not show up in the Federal Register’s page and rule…
Reason
Georgia’s ‘Mimosa Mandate’ Is a Victory for Alcohol Freedom
Reason cited Senior Fellow Michelle Minton on alcohol regulations: Why stifle alcohol sales when they’re clearly the miracle elixir society needs? Michelle Minton…
Newsmax
Don’t Let Red Tape Stunt Innovative Cryptocurrency
As cryptocurrency and the associated blockchain celebrate their tenth birthdays, the new “Free to Prosper” agenda for the 116th Congress — published by my…
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