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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Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
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The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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Chapter 8: Analysis of “The Regulatory Plan and Unified Agenda of Federal Regulations”
“The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions” (the Agenda) is the document in which agencies have outlined their priorities since…
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Chapter 10: Liberate to Stimulate
Policy makers frequently propose spending stimulus to grow or strengthen economies. That has certainly been the case during the past two years in response to…
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Executive Summary – Ten Thousand Commandments 2022
Download the Executive Summary as a PDF The Congressional Budget Office’s (CBO) February 2022 Budget and Economic Outlook, covering 2022 to 2032, shows discretionary,…
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Executive Summary – Ten Thousand Commandments 2022
The Congressional Budget Office’s (CBO) February 2022 Budget and Economic Outlook, covering 2022 to 2032, shows discretionary, entitlement, and interest spending of $6.822 trillion in…
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Chapter 9: Government Accountability Office Database on Regulations
The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number of proposed and final rules—both those that…
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Ten Thousand Commandments 2022
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations,…
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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