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
Mid-year 2026: Is Washington actually deregulating?
It’s June 30, mid-year 2026 — almost America’s birthday. In terms of conventional issuance of rules and regulations in the Federal Register, the Trump…
Blog
A $25 minimum wage cannot legislate away the high cost of living
Affordability is the political buzzword for 2026. Last week, Sen. Chris Murphy (D-CT) announced plans to introduce the Living Wage for All Act,…
Blog
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
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Op-Eds
Michigan’s Auto Insurance Rates Aren’t Highway Robbery
In most games, fair play is understood as playing by the rules and reaping rewards or penalties within the game’s parameters. Yet for many…
Blog
“The Hole in the EPA’s Ozone Claims,” my piece in Forbes Online
To the EPA, “safe” is a constantly moving target—and that’s the way it likes it. Always something new to regulate, always a new hobgoblin from…
Blog
SOTU: Irish Entrepreneurs Put Politics to Productive Use
The Washington Examiner’s David Freddoso reports that Paddy Power, Ireland’s largest bookmaker, is taking bets on President Obama’s State of the Union speech…
Blog
Regulation of the Day 105: Not Driving Your Car
John Delacey of St. John’s, Newfoundland, Canada, received a court summons for keeping a car in his driveway and not driving it.
Blog
Better than Nothing or another Feint?
Seeking to recast himself as a fiscal conservative, Obama is projected to propose a freeze on discretionary spending – NPR, NEA, “green” jobs, “disaster” relief,…
Blog
Regulation of the Day 104: Haggis
Haggis is the national dish of Scotland. It has also been banned in the United States since 1989. Fortunately, the ban may soon be reversed.
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