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: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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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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RealClear Policy
Bill Clinton’s Too Spiteful to Help Govern
Bill Clinton, Back to Work: Why We Need Smart Government for a Strong Economy Alfred A. Knopf (New York), 2011, 208 pages, $23.95 Reviewed by…
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Corporate Welfare for Farmers
In a recent blog post, I describe the Agricultural Marketing Service's (AMS) Beef Promotion and Research "checkoff" program as corporate welfare. The agency’s Public…
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CEI’s Battered Business Bureau: The Week in Regulation
Just another week in the world of regulation:…
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Obamacare: Anyone Have a Plan B?
In just a few week the Supreme Court will hear oral arguments regarding the legal challenges to the administration's controversial health-care overhaul, especially the constitutionality of the so-called "individual mandate" that requires every American to purchase government-approved insurance. The…
RealClear Policy
Stop the Regulation!
From Mike Whalen’s op-ed on The Huffington Post: Unfortunately, when it comes to our current government and regulation, the reality is that where…
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Alcohol Regulation Roundup: February 27, 2012
National: A Sioux tribe in South Dakota has filed a landmark suit against national beer makers for knowingly contributing the tribe's alcohol…
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