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: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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Hysteria over Cosmetics
Europe-envy by Californians may be fine for makers of champagne and foie gras, but it's disastrous for legislators in search of sound regulatory policy.
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California’s Extreme Makeover
If <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />California truly is the bellwether for the rest of the country, get ready for more…
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The Mercantilist Fallacy
The Central American Free Trade Agreement (CAFTA) is in trouble. It is so because Congress and the public have forgotten that imports are a…
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A Tremendously Costly Law
Early this year, an unusual full-page ad appeared in the Wall Street Journal and other financial newspapers. The ad attempted to refute claims from businessmen…
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A Case of Wine for the Supreme Court
Full Document Available in PDF On December 7, the United…
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The Drug Reimportation Controversy
As policy battles go, the drug reimportation debate is an unusual one. On its face, the federal ban on reimporting pharmaceuticals appears to violate the…
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