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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Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Op-Eds
‘Spammers’ Ignoring Anti-Spam Legislation
Dear Editor: If you look closely at the spam filling your inbox, you might notice one or two…
Study
Cowboys Versus Cattle Thieves
Full Document Available in PDF Fred L. Smith, “Cowboys Versus Cattle Thieves,” in…
News Release
Merrill Lynch Rulings Show Serious Flaws in Wall Street Research Settlement
Contact for Interviews:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C.,…
News Release
Broadcast of “Corporate Aftershock” Book Forum
Watch a webcast of the forum on the new book, Corporate Aftershock: The Public Policy Lessons from the Collapse of Enron and Other Major…
Op-Eds
Manager’s Journal: What Media Monopolies?
AN ODD-BALL COLLECTION of special interests are patting themselves on the back this week after convincing the House of Representatives to scale back…
Op-Eds
Biotech Woes…and the Culprits
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />America learned long ago that what's good for General Motors isn't necessarily good for the country.
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