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 business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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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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GM-Chrysler Merger Likely Blocked by Antitrust
General Motors & Chrysler could be strengthened by a merger, an option that wouldn't cost taxpayers a dime. But, the idea has been pushed aside,…
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Mortgage Madness
Here is a letter I fired to the Wall Street Journal: December 17, 2008 Editor, The Wall Street Journal 200 Liberty Street New…
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White House Auto Bailout a Recipe for Failure
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How Do Regulations Stack Up as a Small Firm Grows?
Tomorrow, electric utilities and green groups team up at the National Press Club to ask for billions of new spending on what they term energy…
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Credit Card Price Controls Harm Consumers
The Wall Street Journal editorial got it exactly right: The Federal Reserve cut rates to historic lows Tuesday, but today it…
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Paul M. Weyrich, RIP
[Since I wrote this, Paul Weyrich’s last column was published the day of his death, “The Next Conservatism, A Serious Agenda for the Future”…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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