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
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Comment
Comment to FAST-41 Steering Council on reducing scope of mining industry
John G. CossaGeneral CounselFederal Permitting Improvement Steering Council1800 M St. NW, Suite 6006Washington, DC 20036 Submitted via Regulations.gov November 22, 2023…
Blog
White House report reveals tens of billions in new annual regulatory costs
A consolidated Draft Report to Congress on the Benefits and Costs of Federal Regulations hit the shelves at the end of October,…
News Release
CEI supports Rep. Foxx’s amendment to halt OMB’s A-4 rewrite
The House of Representatives will soon consider an amendment from Rep. Virginia Foxx (R-NC) to the 2024 Financial Services and General Government spending…
Testimony
Regulatory streamlining in Pennsylvania would boost opportunities for state residents
Introduction Good morning, members of the Senate Majority Policy Committee. My name is James Broughel and I am a senior fellow at the…
The Gazette
Grassley’s USDA spending reforms would protect farmers and taxpayers
The U.S. Department of Agriculture (USDA) is spending billions of dollars each year for programs that Congress never specifically authorized. Fortunately, Sens. Chuck…
Blog
This week in ridiculous regulations: Junk fees and pool pumps
Hamas attacked Israel, and another tragedy is unfolding in the Middle East. Claudia Goldin won the economics Nobel for her work on women…
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