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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The week in regulations, shutdown edition: Medicare payments and arms trafficking.
The Supreme Court held oral hearings for the V.O.S. Spirits tariff case. Former Vice President Dick Cheney passed away. Democrats had a very good election…
Blog
The deregulation machine hits bureaucratic resistance
A new White House Office of Management and Budget (OMB) memo, “Streamlining the Review of Deregulatory Actions,” poses an ambitious test: can agencies use…
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Free the Economy podcast: Truth, lies, and economics with Jeremy Horpedahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps losing…
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Study
A Disaster Waiting to Happen: Why Washington Shouldn’t Subsidize Disaster Insurance
This Thursday, April 23, the House Banking and Financial Services Committee will examine H.R. 219, the Homeowners Insurance Availability Act sponsored by Rep. Rick…
Study
Electric Avenues: Why “Open Access” Can’t Compete
Full Document Available in PDF The regulation of electricity markets…
Products
The Other Roosevelt Legacy
America’s current political dilemma the dominant progressive belief that government is a force for unlimited good — has many roots, but special honor goes…
Products
Flirting With Disaster
Congress is again exploring new ways to undermine the private market for homeowners insurance in disaster-prone parts of the country. On February…
News Release
Hidden “Taxes” Cost Families 20 Percent of Income
Washington, DC, January 22, 1998 — Federal regulations cost taxpayers $688 billion in 1997, over 40 percent more than the size of the entire…
Products
Bail Out For The Foolish
My Daddy always said never get between a fool and his mistake – it would sacrifice the only good that might come from the…
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