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
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
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The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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Op-Eds
Data Mismanagement
Members of Congress, both Republican and Democrat, now say that Sarbanes-Oxley can be unduly burdensome on business. The law that, in…
Op-Eds
The Responsible Corporation
Does anybody believe that companies should be socially irresponsible? I don’t think so. The problem is that few people seem to agree on…
Newsletter
The Competitive Enterprise Institute Daily Update
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Issues in the News 1. BUSINESS…
News Release
Statement on the Enron Verdict and Sarbanes-Oxley
Washington, D.C., May 26, 2006—Members of the Enron jury should be commended for their deliberative process. They carefully weighed the evidence involving complex accounting issues…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY The House of Representatives passes legislation that would open a portion of the…
Op-Eds
Schumer’s Way
Senator Schumer is on a roll. After coasting to an easy and well funded re-election in 2004, the senior senator from New York is…
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