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
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Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
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The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
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The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register topped…
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Limits of ‘Soft Law’ Approach to Tech Regulation
Can the regulation of new technology be voluntary and non-coercive? In a recent op-ed for The Hill, Mercatus Center law and technology analyst Jennifer Huddleston…
The Heartland Institute
Trump Deregulation Will Save $3,100 Per Household, CEA Reports
The Heartland Institute cites CEI’s 10kc report. “The Competitive Enterprise Institute puts the annual economic cost of federal regulations at $1.9 trillion,” Herrick…
FreedomWorks
Support the Regulations from the Executive in Need of Scrutiny (REINS) Act, H.R. 3972
FreedomWorks cites CEI on the cost of federal regulations. According to the Competitive Enterprise Institute, federal regulation cost nearly $1.9 trillion in 2017…
Inside Sources
Consumer Choice Is Not Elitist
Rep. Frank Pallone, D-New Jersey, thinks it’s fine that your new dishwasher takes more than 2 hours to complete a cycle — we think consumers…
Forbes
Will the Regulatory Right-to-Know Act Ever Be Enforced?
For the past two years there's been a big production made of the Trump Administration’s year-end Status Report on the “one-in, two-out” regulatory reduction program. These…
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Guidance Documents of the Week: Agriculture, Housing, Management
Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going…
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