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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Will Overregulation Kill Land Line Telephones?
Contact: Christine Hall, 202.331.2258 Washington, D.C., September 6, 2007—Americans are ditching their land line phones for cell phones in favor of mobile…
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Issues in the News<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> 1. HEALTH AND SAFETY A recent…
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Environmental Regulation, Laws Grow Unchecked
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Christine Hall, 202.331.2258…
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The Green Regulatory State
Full Document Available in PDF Over the years, the environmental lobby has advanced a considerable…
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Flood Insurance Stymied by Federal Government
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact: <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Christine…
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CEOs, Like Athletes, Compensated For Their Successful Performances
I am by no means a sports fanatic, but there are times I wish that typical business stories would be more like sports…
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