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
The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record of…

Blog
The week in regulations: Farmer training and approving fireworks
Tuesday’s Federal Register contained 105 proposed regulations and 86 final regulations. Much of it was regulatory cleanup for railroads, pipelines, and mining. The reconciliation bill…

Blog
The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…
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Blog
14 priorities in slashing spending and regulation before ‘America 250’—#7 will shock you!
This past week, the House and Senate passed a continuing resolution (CR) that preserves Biden-era spending levels while largely turning a blind eye to…
Blog
This week in ridiculous regulations: NEPA and refrigerators
President Trump delayed some tariffs against Canada and Mexico, but let others take effect. He also enacted a sixth round of tariffs against China and…
News Release
Trump’s speech to Congress spotlights deregulatory efforts: CEI analysis
On Tuesday evening, President Trump delivered a speech to a joint session of Congress where he highlighted his administration’s deregulatory efforts across the federal government.
Blog
DOGE’s first cut at bureaucracy: A target inventory
Donald Trump’s Executive Order 14219, “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Regulatory Initiative,” has set the stage for a major…
DC Journal
Pare Back Presidential Power
President Trump is poised to address a joint session of Congress on March 4, the first-year equivalent of the annual State of the Union address.
Blog
This week in ridiculous regulations: Crab specifications and dominant postal products
More tariffs are on the way against China. President Trump announced that delayed tariffs against Canada and Mexico will go through. The actor Gene Hackman…
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