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.
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America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
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Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
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Ten Thousand Commandments 2025
Introduction Record federal debt is contributing to record-setting regulatory burdens. While new spending programs show up in budget figures, new regulations requiring the private sector…
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Don’t let the next crisis grow the government—again
“Now, I’m going to sign this, and it’s a great honor — $6.2 trillion. I’ve never signed anything with a “T”…
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The week in regulations: Wildfire appraisals and portable spas
President Trump and El Salvador president Nayib Bukele confirmed that they would continue to imprison people without due process. Agencies issued new regulations ranging from…
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The executive order that could kill trillion-dollar bailouts
The federal government doesn’t just spend—it also regulates through spending. That’s one reason crises so often inflate Washington’s role in American life. But as I…
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The week in regulations: Pool ladders and helicopters
President Trump paused his Liberation Day tariffs after financial markets crashed. Even with the pause, America’s tariffs are still among the world’s highest. Agencies issued…
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Paul Atkins is an excellent choice to lead the SEC
On Wednesday, the Senate confirmed Paul S. Atkins to serve as chair of the Securities and Exchange Commission (SEC). As I have stated before,…
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Clyde Wayne Crews
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