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 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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How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
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The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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Net Neutrality, Insurance Reform and Another ACORN Scandal
Senate Republicans abandon an attempt to stop the FCC’s proposed net neutrality regulations. New Orleans braces for the arrival of “Out of the Storm 09:…
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The Economics of Net Neutrality
Over at the Washington Examiner's Opinion Zone, I apply what I learned back in Economics 101 to the net neutrality debate. It's all about scarcity.
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Hard-Left Obama Policies Draw Criticism for Undermining Democracy, Security, and the Rule of Law
In his 2008 campaign, Barack Obama talked a lot about “bipartisanship,” but in office, he has governed from the far left, on both domestic and…
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Gypsy Cabs Coming soon to DC?
If you’ve ever been to Brooklyn, you’ve almost certainly seen firsthand the shortage of taxis that has been created by New York City’s licensing restrictions,…
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Slate’s William Saletan vs. the Food Cops
Slate’s William Saletan has had it with the growing overreach of the food police, a reaction which he acknowledges puts him in unusual company.
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Regulation of the Day 55: Home Environmental Inspections
If cap and trade passes, almost all homes for sale would be required to undergo an environmental inspection. The home cannot be sold until it…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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