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
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Top Stats from ‘10,000 Commandments’ for 2017
The 2017 report is unique and will serve as a benchmark to measure President Trump’s efforts to cut red tape against those of his predecessors.
News Release
Costs and Burden of Federal Regulations Reach $1.9 Trillion
Today, the Competitive Enterprise Institute (CEI) released the 2017 edition of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State that estimates…
Blog
Why Not a “Nuclear Option” for Legislative Vetoes?
For the sake of clarity, I start with questions presented in this blog, which serve as a useful guide: Is it constitutional for one Congress…
Blog
Breaking: Gambling Bill Could Restore Freedom to States
Congress may soon consider a bill that would repeal outdated federal gambling prohibitions, and thus allow states to legalize and regulate any form of gambling,…
Study
Ten Thousand Commandments 2017
The burden of federal regulations on the American public reached a record $1.9 trillion last year. That amounts to a hidden tax of nearly $15,000 per…
Forbes
In Today’s World, Trump’s Balanced Budget Will Require Regulatory Reform
It seems every American president’s fiscal budget gets declared DOA. Presidents signal priorities to Congress, which subsequently goes and does at it chooses. Sen. Mitch…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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