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: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
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Op-Eds
UN-Dermining the Net
There's mounting evidence that the Internet's good old days as a globalcyberzone of freedom—where governments generally take a “hands off” approach—may be numbered. [Last year] delegates from 192 countries met in <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Geneva to discuss how the Internet should be governed and what steps should be taken to solve the global “digital divide” and “harness the potential of information” onbehalf of the world's poor. Also on the table at the session—the UnitedNations World Summit on the Information Society—was the question of domainname management and how much protection free speech and expression shouldreceive on the Net. The real issue, however, is whether a “United Nations forthe Internet” is on the way. The great advantage of the Net is precisely the ability to reach as many peopleas possible and overcome artificial restrictions on trade or communications attraditional geographic boundaries. The Web, whatever problems it has raised,has provided far more opportunity and freedom to mankind. The United Nationsappears eager to assume greater control over the Net, not because of itsfailures, but because it undermines members' authority. That sounds like thebest reason ever to make sure a United Nations for the Internet never becomes areality. …
Op-Eds
Everybody Wants to Rule the Web
There’s mounting evidence that the Internet’s good old days as a global cyberzone of freedom—where governments generally take a “hands off” approach—may be numbered.
Op-Eds
Taxing Fat, Killing Jobs
Dark clouds of uncertainty now hover over the future of some 26,000 European companies and their 2.6 million employees. These firms represent Europe’s food…
Op-Eds
France Launches Global Culture War
Cultural creativity is big business in <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />America. According to the most recent data from Economists Incorporated, U.S.
Op-Eds
Corporate PR Must Reach People as Consumers and Citizens
PR pros have long sought to link their efforts to clients’ return on investment. The planned campaign for the Aluminum Association, detailed in this magazine…
Op-Eds
The Green Machine
Click on pdf link above to obtain full version of article Twenty EU member and accession states labour under a cadre…
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