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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The Regulatory Costberg is melting—or is it? An update on Trump’s “one-in, ten-out” initiative
In the first Trump administration, the longstanding Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda) was instrumental in assessing…
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Can Trump proposed rule pull the plug on bad appliance regulations?
Many Americans dislike federal home appliance regulations, perhaps nobody more so than the current White House occupant, who routinely rails against them at his…
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The Rulemakers: Which federal agencies dominate Trump’s 2026 Agenda?
Over the Independence Day holiday, the Trump administration released its 2026Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda), which…
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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