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 Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
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The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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An Executive Order 13,891 Guidance Document Portal Update: Another Lap to Go
President Donald Trump’s October 9, 2019 Executive Order 13,891 (E.O. 13,891) and a subsequent White House Office of Management directive to amplify and clarify it…
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This Week in Ridiculous Regulations
What a week. COVID-19 deaths passed 150,000. Second-quarter GDP declined 9.5 percent from a year ago and 7 percent from the previous quarter. In more uplifting…
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2020 Second Quarter GDP Decline Is Worst in U.S. History—But Not 32.9 Percent
The good news is that the second quarter’s GDP numbers aren’t nearly as scary as the more dramatic headlines are saying. The economy has not…
Forbes
Antitrust Showdown In Congress: Big Tech, Meet Big Government
There’s a contradiction in the Trump, and by extension Republican, deregulatory agenda that could inadvertently threaten the recovery of an already wavering economy.
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This Week in Ridiculous Regulations
Confirmed COVID-19 cases in the United States surpassed 4 million last week. Congress returned to session after its July 4 break and is putting together…
News Release
Repeal #NeverNeeded Regulations Hindering Use of Tech at Home During Deadly Pandemic
The COVID-19 crisis has severely tested individuals and businesses, making access to technologies and services that enabled large swaths of the American economy to move…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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