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…
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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…
Blog
New #NeverNeeded Paper: Regulatory Reform
Regulatory reform is one of the most important policy responses to the COVID-19 crisis. Removing obstacles to health care can save lives. Removing barriers against…
Study
How to Make Sure Reformed #NeverNeeded Regulations Stay That Way
Policy makers at all levels of government have waived more than 600 regulations in response to the COVD-19 crisis.[1] Those rules were…
Blog
The E.O. 13891 Guidance Document Portal: An Exercise in Utility
Federal agencies have been required by Executive Order 13891 to create “a single, searchable, indexed database that contains or links to all guidance documents in effect.” Agencies…
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