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 Rulemakers: Which federal agencies dominate Trump’s 2026 Agenda?
Over the Independence Day holiday, the Trump administration released its 2026Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda), which…
Blog
Diary of deconstruction: White House releases 2026 Unified Agenda of Federal Regulations
Since 1983, the often-tardy semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda) has surveyed recently completed and forthcoming rulemaking priorities across…
Blog
The week in regulations: Supersonic flight and circuit board acquisition
America turned 250 years old on July 4. The Unified Agenda, which lists all upcoming regulations, came out in the July 3 holiday weekend…
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Op-Eds
Global Tax; or Global Tax Reform?
Am I the only one who noticed that the Kyoto Protocol (imposing artificial constraints on energy use to regulate atmospheric carbon dioxide to…
News Release
UN Sea Treaty Brings ‘Tragedy of the Commons’
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 …
Study
The Price is Right—Or Better Be!
Full Document Available in PDF On the popular television game show “The…
Op-Eds
New Agenda Fails to Address Problems
George Bernard Shaw once observed that: “The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the…
Op-Eds
Red & Green: Is the President Cutting Enough Environmental Fat?
If you believe the rhetoric from environmental activists about the Bush-administration budget, you would think that the world would come to an end if…
News Release
Bush Budget Missteps On Energy, Environment, Regulatory Reform
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact for Interviews: Christine Hall, 202.331.2258, or Richard Morrison, 202.331.2273…
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