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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
Deregulate to Stimulate: #NeverNeeded Regulations Are Harming Health and Economy
The Code of Federal Regulations contains more than 1.1 million regulatory restrictions. State and local governments have additional rules. Some of those rules have a…
Blog
How to Spot a #NeverNeeded Regulation
Regulatory reform is one of the most important weapons there is for fighting COVID-19 and for aiding the economic recovery after the worst passes. Where…
Blog
Trump Administration Celebrates Red Tape Reduction, Promising More
The White House hosted a midsummer celebration on the South Lawn of the Trump administration’s reforms and reductions of unneeded “job killing regulations” and red…
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” and…
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…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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