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: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
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From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
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This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
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Don’t Cross these Lines
Please click on .pdf link above to view article.
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Barriers to Private Insurance
Full Document Available in PDF The American insurance industry is shackled by regulations and restrictions…
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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.
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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…
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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…
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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
- 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