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 week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNATIONAL The European Union approves a new law, known as “REACH,” regulating the manufacture…
News Release
SEC Drops the Ball on Sarbanes-Oxley
Contact: Richard Morrison, 202.331.2273 Washington, D.C., December 13, 2006—The Competitive Enterprise Institute today criticized the Securities and Exchange Commission for failing to provide meaningful…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The Food and Drug Administration announces a plan to speed up access to…
Op-Eds
Should We Restrict Ourselves to the War of Ideas?
Economic liberalism faces a multi-front assault, an assault that has been underway for decades but that has intensified in recent years. As discussed in the…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY Tech companies lobby for federal data privacy regulation. CEI Expert Available to Comment: Vice President…
Op-Eds
New York City Bans Science
The New York City Board of Health this week banned the use of trans fats by restaurants. The decision is directly traceable back to…
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