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: Spinach proteins and seat belt reminders
The Artemis II mission landed safely after orbiting the moon. Inflation took a huge jump in March from the Iran war’s effects on energy prices.
Blog
Ten Thousand Commandments 2026 is out now
Today is release day for this year’s edition of Wayne Crews’ Ten Thousand Commandments. This year also marks the 30th anniversary of CEI’s first…
Blog
Free the Economy podcast: Consumer-regulated energy with Travis Fisher
In this week’s episode we cover economic growth in China, the political legacy of Viktor Orban in Hungary, and the one-year…
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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…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SUPREME COURT The nation’s highest court hears a constitutional challenge to the Clean Water…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. INTERNET Congress investigates the business operations of Google and other U.S. Internet companies in China.
News Release
Will Congress Open the Market for Online Television?
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Washington, D.C., February 15, 2006—The future of video content online could begin today in the Senate…
News Release
Free Enterprise Fund and Competitive Enterprise Institute to Announce Constitutional Legal Challenge to Sarbanes-Oxley
WHAT: Sarbanes-Oxley was rushed into law in 2002 with good intentions following unprecedented corporate scandals. Yet, elements of Sarbanes-Oxley now serve as classic examples…
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