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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National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
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The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
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Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
Download Chapter 4 as a PDF If real debt levels on the fiscal budget and entitlements can be vastly higher than the public is…
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Swamp Things—Trump’s Discordant Regulatory Impulses Offset His Deregulatory Successes and Expanded the Administrative State
Download Chapter 2 as a PDF President Trump attempted to prune rules and costs and held down regulatory output with more enthusiasm than other…
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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…
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