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
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…
Blog
The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
Search Posts
Citation
Spending on Red Tape is Rising
News Release
10,000 Commandments — New Report Details REAL Cost of Government
Washington, DC, May 9, 2000 – As last minute filers rushed to finish their taxes and write their checks to the government recently, Congress…
News Release
Shadow Insurance Regulation Committee Statement on Regulatory Restructuring
Washington, DC, May 5, 2000 – The Shadow Insurance Regulation Committee concludes that the two main objectives of any restructuring of insurance regulation…
Op-Eds
Gorging on Regulations
Congress is now debating the $1.8 trillion federal budget. While federal spending consumes an awesome 18 percent of nation’s economic product, the official budget at least…
News Release
Shadow Insurance Regulation Committee issues statements on Commercial Insurance Deregulation, Workers’ Comp, and Electronic Comm
Washington, DC, April 19, 1999 – The Shadow Insurance Regulation Committee issued three statements of consensus today, concerning commercial insurance deregulation, workers’ compensation…
Products
Regulatory Budget Check
However controversial the $1.7 trillion federal budget may be, taxpayers know what Washington officially spends in the congressionally approved budget. That places some…
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