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: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and reforms…
Blog
The week in regulations: Homework gaps and cannabimimetic agents
At Davos, President Trump withdrew his threats to invade Greenland and tariff European countries. The Supreme Court appeared skeptical about his attempt to fire Lisa…
Blog
Free the Economy podcast: Permitting for speed with Grant Dever
In this week’s episode we talk about making a living in podcasting, confronting our mounting national debt, and assessing President Trump’s new…
Search Posts
Study
Instrastate Trucking: Stronghold of the Regulators
The deregulatory wave of the 1970s and early 1980s freed the railroads, the airlines, air cargo carriers, and interstate trucking and buses from the…
Study
Pick a Number
Full Study Available in PDF How much would you be willing to pay for an…
Op-Eds
Better Living through Government Mandate?
Full article available in pdf format.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Technology—or rather government-favored technology—has gained…
Op-Eds
Better Living Through Government Mandate
Technology—or rather government-favored technology—has gained favor among Washington politicos and activists. Technology, these activists seem to believe, makes it possible to mandate almost anything—recycling,…
Op-Eds
Acute Government Activism
Click on link above to obtain .pdf of article.
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Don’t Cross these Lines
Please click on .pdf link above to view article.
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