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: Date taxes and manifest mailing
Political commentator Charlie Kirk was killed while speaking at an event. While the Producer Price Index went down in August, the Consumer Price Index climbed…

Blog
Trump’s Unified Agenda of deconstruction: Writing rules to erase rules
“It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by…

Blog
The week in regulations: Coachella air quality and yogurt vitamins
The Federal Register, which tracks daily regulatory activity, has become less transparent. Jobs numbers for August were disappointing and actually shrank in June for…
Search Posts
News Release
Shadow Insurance Committee to Meet October 25 to Review Catastrophe Insurance Financing & Redlining Issues
Washington, D.C., October 22, 1999 – The Shadow Insurance Regulation Committee will hold its second meeting of the year at 12 noon on October…
Op-Eds
New Pricing Plans Are Good
This isn’t your father’s telecommunications market. Long-distance pricing was once onesize-fits-all, with high, distance-sensitive rates cast in stone by regulators. Now that is changing, as…
Op-Eds
Tyranny of the Unelected Regulators
Congress passed and the president signed into law 241 bills in 1998. Meanwhile, federal agencies were far busier: They issued 4,899 rules and regulations — 315…
Washington Times
Unchecked Regulatory Creep
Washington Times
Feeding the Green Money Tree
The Clinton-Gore administration continues to thumb it nose at the Constitution by trying to implement a global warming treaty (the Kyoto Protocol) that has not…
Citation
Regulatory ‘Right to Know’
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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