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
Study
The Environment, the Law, Markets, and the Path Forward
Introduction The Pharos Foundation at Jesus College, a constituent college of the University of Oxford, invited me to speak at an on-campus forum in May.
Blog
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Search Posts
Op-Eds
Old Law vs. The New Economy: How New Deal-era Regulations Stifle Flexible Work Arrangements
Delong Article Published In Reason Magazine<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> In August 1997, a certain Mr. T. Trahan of CSC…
Comment
Michael Greve Testifies on Internet Sales Tax Issue
View Full Document as PDF Michael S. Greve cites CEI research in his testimony on Internet sales taxation before the U.S. Senate…
Op-Eds
Second Wind for the Global Economy: Kemp Nationally Syndicated Column
Copyright 2001 Copley News Service Kemp Column Distributed by Copley News Service July 9, 2001 Even as the…
News Release
Cost of Government Day
The Deadly Cost of Fuel Economy Regulations Statement of Sam Kazman, General Counsel Competitive Enterprise…
News Release
White House Listening on Regulatory Reform
Washington, DC, June 29, 2001 — With the fight over taxes over for now, the Bush Administration may soon be taking a hard…
News Release
Federal Court Dismisses Alcohol Advertising Case
Washington, DC, June 26, 2001— A federal district court last week dismissed a challenge to a federal agency’s ban on advertising the medical…
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