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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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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Op-Eds
The Problem with the Voice over IP 911 Mandate
“Today the FCC adopted a rule requiring VoIP providers to provide emergency 911 calling services and they will have only 120…
Op-Eds
If Wishes Were Horses, This Would Be the Kentucky Derby
GENEVA, Switzerland—The 58th World Health Assembly (the World Health Organization's policy-making body) under way here brings to mind the cliché about the contestants…
Op-Eds
Air Sickness: Who’s to Blame? (Part 1)
Full document available in pdf format Business travelers, family visitors, tourists—all are affected by the airline industry’s woes. But who knows what…
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Green Building Standards: Why Mandating a Good Idea can be Bad Policy
Full Document Available in PDF “Every hitter likes fastballs, just like everybody likes ice cream. But…
News Release
CEI’s Dinner Photos
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News Release
PhRMA President Billy Tauzin To Keynote CEI Annual Dinner
Washington, D.C., May 9, 2005—In his first address to a non-healthcare industry audience since taking the top drug industry post in January, Pharmaceutical Research and…
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