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
Free the Economy podcast: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
Blog
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
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Op-Eds
New Drug Demagoguery
“New Drugs Hit the Market, but Promised Trials Go Undone” and “FDA: Drug Companies Drop Ball on Studies,” the headlines blared.
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…
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