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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Forbes
Donald Trump Showcases Four Years Of Red Tape Reduction At White House Event
The White House hosted a midsummer South Lawn celebration showcasing the Trump administration’s reforms and reductions of “job killing regulations”…
Blog
This Week in Ridiculous Regulations
After another busy week for agencies, the 2020 Federal Register is on pace to be 79,121 pages. None of those pages include the Spring 2020…
Blog
How to Make #NeverNeeded-Style Reforms Stick
There are lots of good regulatory reform ideas out there. The ideas with the most staying power share a common theme. They don’t just treat…
Inside Sources
How to Reform Never-Needed Regulations – and How to Keep Them That Way
Policymakers have waived more than 600 regulations as part of the COVID-19 response. Federal agencies lifted rules against telemedicine and remote education.
Blog
This Week in Ridiculous Regulations
New COVID cases continued to rise, and the Supreme Court handed down a number of controversial decisions to end its term. Regulatory agencies issued new…
News Release
#NeverNeeded Report: Systemic Regulatory Reform Will Aid Economic Recovery from COVID-19
Policy makers at all levels of government have waived more than 600 regulations, including rules impeding access to medical care and making the economic shock…
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