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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Darklore Depository 2025: An unofficial inventory of guidance documents and other regulatory dark matter
Halloween can remind policy wonks that some of the ghastliest regulatory chills come not from ordinary notice-and-comment regulation buried in the daily Federal Register, but…
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The week in regulations, shutdown edition: Visa fees and regional haze
President Trump demanded that the Justice Department pay him $230 million. He also cut off all trade negotiations with Canada because of a tv commercial…
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Has Washington bought off the deregulatory movement?
Back during the Biden administration, I noted how rising federal spending and regulation seemed to swap unfunded mandates for funded ones – turning what should…
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The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Download Chapter 6 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking.” They merit…
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Toward a Federal “Regulatory Budget”
Download Chapter 3 as a PDF When Congress spends, no one questions that disclosure is necessary for voters to hold representatives accountable. Federal expenditure…
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Executive Summary – Ten Thousand Commandments 2021
Download the Executive Summary as a PDF Now a relic, spending control and deficit restraint are indispensable to a nation’s stability and long-term economic…
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Bookending the Trump Era: Seven Efforts to Reduce and Streamline Regulatory Flows
Download Chapter 1 as a PDF This 2021 edition of Ten Thousand Commandments begins with a survey of approaches the Trump administration took during…
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Government Accountability Office Database on Regulations
Download Chapter 9 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the aggregate number…
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Analysis of “The Regulatory Plan and Unified Agenda of Federal Regulations”
Download Chapter 8 as a PDF One of the goals of regulatory reform should be to improve disclosure and enhance its relevance to rulemaking.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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