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
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Search Posts
Products
How Sarbanes-Oxley Hinders Technology Transfer
I grew up here in Kansas City, on the Kansas side, Johnson County. Ewing Kaufman left the Kaufman Foundation as his legacy, along with many…
Op-Eds
Speaking in Tongues
In Monty Python’s classic "Hungarian Phrasebook" sketch, a Hungarian tourist walks into a British tobacconist’s shop, and, consulting a faulty phrasebook, tells…
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…
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