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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Delaware DOT Removes a Public Menace
One wonders just how many regulations this rogue basketball hoop violated in the 60 years it spent terrorizing an unsuspecting Delaware neighborhood.
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Maine Gov. LePage Looks to Reform for Balanced Budget
Governor Paul LePage and Maine have skirted the public attention present in Wisconsin, Ohio, and Michigan that have proposed budget reform bills. Maine has proposed…
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March Madness
In the closing days of March, not only are sports fans a bit crazy, so also are the electorate. Consider the German state of Baden-Wuerttemberg,…
Op-Eds
Antitrust In the Airwaves?
For a moment there I was thrilled that AT&T and T-Mobile were merging, thinking how great it’ll be to finally get reception this coming Easter…
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Senators Seek to Censor Mobile App Stores, Disregarding Public Safety and the Constitution
In the latest example of big government run amok, several politicians think they ought to be in charge of which applications you should be able…
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Class Conflict
Gainful Employment Proposal Penalizes At-Risk Student Populations and Hurts the Economy…
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