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
The week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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The Hill
When a Bureaucrat Asks for Less Power, Give it to Him
Former Congressman Mick Mulvaney is now a bureaucrat — so he proclaimed at a Congressional hearing on April 18. The acting director of…
Blog
This Week in Ridiculous Regulations
The big news this week was the release of the 2018 edition of Ten Thousand Commandments. Agencies continued to provide fodder for next years edition…
Blog
Lessons for Congress from ‘10,000 Commandments’: Regulatory Budgets
One of the lessons learned from this year’s “10,000 Commandments” study is that Congress needs to be more involved in the regulatory process. It needs…
Blog
The Changing Face of Selling Liberty Online
We’ve been publishing and promoting the study for many years, and our strategies and methods have changed as the years have gone by. When we…
USA Today
Trump is Cutting Through Regulations, but Only Congress Can Make it Last
Eventually, politicians will be forced to get spending and deficits under control, but regulatory reforms are just as important to keep the economy growing and…
Blog
‘10,000 Commandments’ at 25: What Have We Learned, What’s to Come?
Wayne Crews has ably documented the regulatory state for twenty-five years and running. But what will the next twenty-five years of “10,000 Commandments” look like?…
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