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
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Search Posts
Op-Eds
Caveat Emptor: No, Really
One of the oldest maxims in commerce is caveat emptor: let the buyer beware. Sadly, this is often interpreted as a condemnation of businessmen, a…
Op-Eds
Good Drugs, Bad Rap
These are turbulent times for the pharmaceutical industry and for its regulator, the FDA. Lately, both have focused increasingly on issues of safety.
Op-Eds
The Long REACH of the EU
The European Union's Council of Ministers is expected to vote soon on the proposed chemicals regulation called REACH, an acronym for Registration, Evaluation, and…
Op-Eds
Who Is Watching the Watchdog?
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Today in the D.C. Circuit Court of Appeals, outspoken hedge fund manager…
News Release
SEC Changes Policy to Combat Potential Bird Flu Epidemic
Washington, D.C., December 6, 2005—In a move that could save thousands of lives, the U.S. Securities and Exchange Commission has cleared the red tape of…
News Release
Misspending, Abuses Marks Tobacco Settlement Anniversary
Christine Hall, 202.331.2258 Washington, D.C., November 28, 2005—Seven years ago this month, the states signed the biggest settlement deal in history with major tobacco…
News Release
Sen. Hillary Clinton Pushes for Faster FDA Approvals?
Contact: Jody Clarke, 202.331.2252 Washington, D.C., November 18, 2005—On her trip to Israel this week, Senator Hillary Clinton (D-NY) took part in a photo-op…
News Release
Supreme Court Nominee Alito Good News
Washington, D.C., October 31, 2005—The President's nomination of Third Circuit Judge Sam Alito to serve on the Supreme Court is good news.<?xml:namespace prefix…
Ideas in Action
LordD have MerCIe Vpon Vs
In some places in London, you can find scratched on old walls the imprecation, LorD haVe MerCIe Vpon Vs. The curious arrangement of the capital…
Products
CEI Planet: September – October 2005
Full Document Available in PDF No Regulation Without Representation…
Products
Batman’s Lessons
Given the enormous amounts of money advocates of bigger government throw about these days, many market liberals long to find our own “George Soros.”…
Products
No Regulation Without Representation
The exact cost of the federal regulatory state may never be fully known. As with taxes, firms generally pass along to consumers some of their…
Products
Testimony to the Subcommittee on Regulatory Affairs of the House Government Reform Committee, July 27, 2005
Chairwoman [Candice] Miller [R-Mich]. Ranking Member [Stephen] Lynch [D-Mass] and Members of the Subcommittee, thank you inviting me to comment on congressional regulatory reform initiatives. …
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HURRICANE KATRINA Speaker of the House Dennis Hastert suggests that New Orleans should not be rebuilt.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. FINANCE Rep. Michael Oxley, co-sponsor of the Sarbanes-Oxley corporate accounting law, expresses concerns about its impact.
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TELECOM Congress prepares to consider a sweeping reform of telecommunications law. CEI Expert Available to…
Op-Eds
Reform FCC—Limit It!
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />U.S. communications policy is at an important inflection point. Cable, telephone and wireless companies aim to…
News Release
Moment of Truth Approaches for Free Trade
Contact for Interviews: Richard Morrison, 202.331.2273<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> …
News Release
A New Hope for Free Markets in Telecom
Contact: Richard Morrison, 202.331.2273 Washington, D.C., July 27, 2005—Sen. John Ensign (R-NV) this morning announced wide-ranging legislation that would modernize U.S. telecommunications law…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TELECOM Senator John Ensign (R-NV) introduces major new legislation aimed at overhauling telecommunications law. CEI…
News Release
Final Energy Bill: Too Much Pork, Not Enough Energy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., July 26, 2005—More…
News Release
CEI Policy Analyst to Argue for Regulatory Reform
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = v ns = “urn:schemas-microsoft-com:vml” /> Contact: …
News Release
SEC Cox Hearings Highlight Sarbanes-Oxley Burdens
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 Christine Hall, 202.331.2258…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY House and Senate conference committee members reach agreement on major energy legislation.
Op-Eds
Bureaucrats Can’t Run A Railroad
Given its recent troubles, Amtrak's flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and acknowledged that…
Op-Eds
Bureaucrats Can’t Run A Railroad
Given its recent troubles, Amtrak's flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and acknowledged that…
Op-Eds
All Cost, No Benefit
Tomorrow, the Senate Energy and Natural Resources Committee will hold a hearing on Sen. Jeff Bingaman's (D-N.M.) Climate and Economy Insurance Act. Originally…
Study
Boeing vs. Airbus
Full Document Available in PDF The United States and the European Union (EU) may be on…
Newsletter
The Competitive Enterprise Institute Daily Update
1. REGULATION Washington Post columnist Cindy Skrzycki cites CEI’s most recent regulatory study, Ten Thousand Commandments. CEI Expert Available to Comment:…
Op-Eds
One-on-One with Barun Mitra
Full interview available in pdf format<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” E: You were recent awarded the Julian L. Simon Award by…
Ideas in Action
The Regulators
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The House and Senate Judiciary Committees debate whether or not to reauthorize…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL DEVELOPMENT The G8 nations propose a new aid package for Africa. CEI Expert Available…
Newsletter
The Competitive Enterprise Institute Daily Update
1. TECHNOLOGY In the wake of the US Supreme Court decision that P2P firm Grokster could be held liable for aiding digital piracy,…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL DEVELOPMENT Politicians and economic experts from around the world gather in Scotland this week for…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY The recording industry launches another round of lawsuits against users of peer-to-peer file…
Op-Eds
Kernals of Truth, by Henry Miller
The world is going corn-crazy and maize-mad . . . again. Five years ago, there was near-hysteria over “contamination” of yellow corn and…
Products
A Toast to the Supremes
Full Document Available in PDF Cheers to the Supreme Court for its…
Products
Markets, not Mandates, Can Best Protect Copyrights
Full Document Available in PDF With the Supreme Court…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY New research indicates that global oil production is not likely to peak anytime soon.
Washington Post
The Road to Riches is Called K Street
The Washington post discusses the number of federal regulations with Wayne Crews. In addition, President Bush has signed into law five major tax-cut…
Op-Eds
Privatize Amtrak the Right Way, Avoiding Pitfalls of British Experience, by Iain Murray
WASHINGTON – Given its recent troubles, Amtrak’s flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TRANSPORTATION Communities in states such as Michigan, Florida, Texas and…
Atlanta Journal-Constitution
Abolish Federal Pension Guarantee
Just as the squeaky wheel gets the grease, a government program gets Congress’ attention by going deep in the red. And the Pension Benefit Guaranty…
Newsletter
The Competitive Enterprise Institute Daily Dispatch
Issues in the News 1. TECHNOLOGY Microsoft and the EU Competition Commission have apparently reached an agreement over the Commission’s 2004…
Newsletter
The Competitive Enterprise Institute Daily Update
1. PRIVACY United Parcel Service loses computer tapes containing financial records for 3.9 million Citigroup Inc. customers. From CEI: Vice President…
Study
The Revolution Spins toward More Regulation
Full document available in pdf format. …
Op-Eds
Greens Are the Real Energy Problem, by Steven J. Milloy
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> It goes without saying that the global economy depends on the availability of…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ANTITRUST Microsoft submits its final proposal for complying with the latest order by the…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CIVIL LIBERTIES The Senate Select Committee on Intelligence begins debate over whether to renew…
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