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.
Featured Posts
Blog
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
Search Posts
Blog
Regulation of the Day 25: Cattle with Scabies
If you own cattle and they are at risk of catching scabies, you may want to read up on the pertinent federal regulations. There are…
Blog
End the Letter Delivery Monopoly: Sell The USPS
“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion…
Blog
FDA to Smokers: Drop Dead
The FDA is now moving towards banning a smoking alternative that could save many lives. Every year, millions of smokers like my wife try…
Blog
The Antitrust Anachronism
Wall Street Journal columnist Gordon Crovitz has a great column in today's paper on the anachronism that is antitrust law. He writes: "Markets were so…
Blog
Newsflash to FCC: The iPhone is a Closed Platform, and Consumers Love It
Just when you thought the FCC’s investigation of the wireless industry couldn’t get any stranger, TechCrunch reports that the Commission has sent letters…
Blog
The Antitrust Religion still Has Many Adherents
Why bother with the ongoing challenge of competing in the marketplace if one can merely go to Brussels or Washington?…
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