Objective:
To achieve a lasting reduction in federal regulations by retaining only the most essential rules and implementing stringent controls to prevent future regulatory expansion. This policy promotes transparency, accountability, and constitutional oversight by focusing on public safety, security, and operational necessities.
Policy Framework:
1. Mandatory Review and Ranking of Existing Regulations
- Three-Month Review Period: Each federal agency with regulatory authority is given three months to conduct a thorough review of all current regulations and compile a comprehensive, ranked list of regulations according to their necessity.
- Ranking Based on Essential Criteria: Regulations will be ranked based on their alignment with strictly defined criteria:
- Public Safety: Regulations that demonstrably prevent immediate, quantifiable threats to human life or prevent irreversible harm.
- Security: Regulations that address specific, immediate threats to national defense or critical infrastructure, as verified by federal security agencies.
- Critical Operational Needs: Regulations necessary for the core functionality of essential government services, with quantifiable impacts.
- Consequence of Non-Compliance: Failure to submit a complete list within three months will result in the termination of responsible agency heads and management staff, underscoring the importance of this reduction effort.
2. 20% Retention and 80% Provisional Deactivation
- Retention Rule: Only the top 20% of regulations, as ranked by criticality, will be retained immediately. The remaining 80% of regulations will be provisionally deactivated for a 12-month observation period.
- Provisional Deactivation and Transparency: During this period, agencies will cease enforcement of deactivated regulations. Provisionally deactivated rules will be listed publicly on each agency’s website, with an open channel for public feedback on the impact of their removal.
3. Strict Reauthorization Process for Deactivated Regulations
- Reauthorization Request Requirement: Any agency wishing to reinstate a provisionally deactivated regulation must submit a detailed justification with quantifiable evidence showing critical need and effectiveness.
- Oversight and Approval by the Independent Regulatory Oversight Board (IROB): Reinstatement requests will be reviewed by the IROB, which will assess the necessity and public feedback before allowing reactivation. Final reauthorization decisions will require Congressional review, ensuring no unilateral decisions by agencies.
4. Capping and Sunset Provision for Future Regulatory Growth
- Regulatory Cap: After the initial reduction, each agency will be capped at the number of retained regulations. New regulations may only be introduced if an equivalent number of existing regulations are permanently removed, enforcing a “one-in, one-out” rule.
- Automatic Sunset for New Regulations: Any new regulation introduced post-reduction will include a five-year sunset clause, after which it will expire unless explicitly reapproved by Congress, preventing unchecked regulatory growth.
5. Independent Regulatory Oversight Board (IROB) for Accountability
- Board Composition and Role: The IROB will be an independent entity responsible for reviewing agency submissions, approving reauthorization requests, and monitoring regulatory compliance. The board will include members from the private sector, federal government, and key stakeholders affected by regulatory compliance.
- Biannual Reporting and Transparency: The IROB will publish biannual reports to Congress and the public, summarizing retained, removed, and proposed regulations, providing transparent oversight over the regulatory landscape.
Expected Outcomes:
- Significant and Lasting Reduction in Regulatory Burden
- This policy will reduce the number of federal regulations by 80% in the short term, with strict caps and oversight preventing a resurgence in unnecessary rules.
- Enhanced Public and Congressional Oversight
- Transparent processes and a rigorous reauthorization pathway mean that only regulations that demonstrate clear, essential value will remain, aligning regulatory practices with public interests and legislative intent.
- Long-Term Regulatory Stability
- Through capping, sunset provisions, and strict controls on reauthorization, this proposal addresses the root causes of regulatory growth, making it easier for businesses and individuals to comply with essential, predictable regulations.
Conclusion:
The Essential Regulatory Reduction and Stabilization Act provides a structured, enforceable mechanism for reducing the federal regulatory burden and ensuring that only genuinely necessary regulations remain in effect. By requiring clear accountability, a rigorous reauthorization process, and public transparency, this policy establishes a sustainable and transparent framework for regulatory reduction, safeguarding economic freedom while maintaining essential protections.