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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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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The week in regulations: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
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Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
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Op-Eds
Resentment, fear drive U.N. quest for control
There’s mounting evidence that the Internet’s good old days as a global cyberzone of freedom—where governments generally take a "hands off" approach—may be numbered.
Op-Eds
Wishful Anti-spam Thinking
Tomorrow, the House is expected to pass new anti-spam legislation. The effort is understandable: The increasingly apparent downside of an Internet on which you…
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Rescuing Free Trade From the Bureaucrats & Special Interests
Full article available in pdf format.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> In the aftermath of the…
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The Power of Positive Drinking: Are Alcoholic Beverage Health Claims Constitutionally Protected
Full Document Available in PDF Food and…
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October Edition of the Monthly Planet
Full Document Available in PDF Articles in this edition: “On…
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United Nations Day of Shame
UN Secretary-General Kofi Annan recently declared that the global pursuit of scientific endeavors is marked by inequality. Noting that developing countries invest much…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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