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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Bad regulation is our biggest public scam
In the US, the Competitive Enterprise Institute recently surveyed the extent and cost of federal regulations. The Federal Register, a compendium of regulations, has swollen…
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More Recognition that Dodd-Frank Harms Main Street Banks, Farmers, and Airline Passengers
In two high-profile forums last week, Dodd-Frank, the financial "reform" law sold as targeting Wall Street, was shown to have a devastating effect on Main…
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Spread the Word: New Voice for Wine Consumers
With the launch of The American Wine Consumer Coalition today, U.S. wine consumers now have a place in public policy debates for the first…
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D.C. Council Passes New Rules: Food Trucks Are Here to Stay
After four years, the Council of the District of Columbia finally passed rules to regulate the burgeoning mobile food industry that seem to please all sides.
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President Repeats False “Equal Pay” Statistic Claiming Women Earn 77 Percent of What Men Do
President Obama repeated a myth about equal pay and pay discrimination, as the economist Diana Furchtgott-Roth notes at RealClearMarkets: Last week in the…
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E-Verify National ID System Threatens Americans’ Privacy
“I’m not a criminal, so there’s really no reason for me to be in a criminal database.” That was James Shepherd, a Kentucky native…
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