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: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Blog
The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
Search Posts
Blog
Antitrust Irony
Microsoft is having a tense antitrust discussion with the EU. Meanwhile, Google is readying an operating system to directly compete with Windows. Compare and contrast.
Boston.com
Pick Your Handset or a Network, Not Both
Blog
Antitrust Policy and Telecoms
It’s hard to make a case that a company is abusing market power if it doesn’t really have any. And Verizon and AT&T are not…
Blog
Stepping Up the Class War
On both of the most salient issues of the day, health care reform and climate change, proponents of the corresponding legislation are setting their sights…
Newsletter
Cap and Trade, Tea Parties and Luggage Limitations
The Senate prepares to consider the “cap and trade” global warming legislation recently passed by the House of Representatives. Citizens around the country gather at…
Blog
Regulation of the Day: The Size of Your Carry-On Bags
The Securing Cabin Baggage Act wouldn't add to security, wouldn't make flying more convenient, and may well be the result of rent-seeking.
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