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 missing guardrail in crisis politics: Discipline
Modern American governance has developed a troubling pattern. Economic shocks like the 21st century’s financial panics and pandemic are often met with vast expansions of…
Blog
The week in regulations: Music royalties and avocado maturity
The Iran war continued to raise oil prices. The Trump administration took steps to raise tariffs under Section 301 of the 1974 Trade Act, but…
Blog
Free the Economy podcast: Regulating finance with James Copland
In this week’s episode we cover the 250th anniversary of Adam Smith’s Wealth of Nations, fighting fraud in broadband deployment, and cutting…
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News Release
Senate Should Vote for Affordable Energy
Contact: Richard Morrison, 202-331-2273 Washington, D.C., March 16, 2006—As the U.S. Senate considers an important budget resolution, the Competitive Enterprise Institute urges…
Op-Eds
Sarbanes-Oxley Accounting Board: An Agency Without Accountability
In 2001, the energy giant Enron unexpectedly filed for bankruptcy, laying off 4,000 of its employees and consuming the life savings of thousands more. In…
News Release
CEI Praises Nancy Pelosi, Others For Recognizing Sarbanes-Oxley’s Burden
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., March 8, 2005—The Competitive Enterprise Institute applauds the House Democrats’ Innovation Agenda…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SAFETY Congress considers legislation to standardize food labeling and safety warnings. CEI Expert…
Op-Eds
U.S. tech: Get to China
We once scorned the idea the Internet could be censored. Many politicians have tried to stop porn, but always to no avail. Spam still…
Letters
ESA Coalition Letter to Senator James M. Inhofe
Full Document Available in PDF…
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