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…
Search Posts
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. ENERGY…
Op-Eds
Petronoia
As the price of oil and gas rose to 1970s oil crisis levels over the past year, pundits flew out of the woodwork…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT The attorney general of California sues the world’s six largest automakers, alleging environmental…
Op-Eds
Aaron Sorkin VS. the Moralists
No one would ever accuse The West Wing of being anything but a defiantly liberal show. And in many ways, that was part…
Op-Eds
Credit card ricochet
“Partners in plunder.” That's how an intriguing new book describes the hidden relationship between big government and big business. <?xml:namespace prefix = o…
Op-Eds
The Ratings Game
It's a familiar experience for many moviegoers: You walk out of a theater scratching your head, wondering why a movie was given a…
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