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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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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…
Study
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…
Op-Eds
Time to End the Breast Implant Circus
Two weeks ago, the U.S. Food and Drug Administration convened an expert advisory panel to review and make recommendations on two silicone breast implants…
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