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
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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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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…
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…
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