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
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…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
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Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
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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…
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…
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