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
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…
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Search Posts
Blog
Cataloging Regulatory Costs of Cronyism and Rent-Seeking in a Self-Interested Administrative State
Rent-seeking as a policy concern has been done to death: It’s been described over and over how regulation is often not about elevating the public…
Blog
This Week in Ridiculous Regulations
Last week was the Federal Register’s busiest of the year, with its 3,075 pages almost tripling a normal week’s count. A new economically significant regulation…
Blog
This Week in Ridiculous Regulations
Rumblings of a “Navarro recession” are growing louder, and the 2019 Federal Register will likely crack the 40,000-page mark early this week. Rulemaking agencies published…
Blog
VIDEO: Where the Regulatory State Came From
Our friends at the Pacific Legal Foundation have a funny and insightful explainer video on the historical development of the regulatory state (also known as…
Blog
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…
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