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 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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Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…

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The week in regulations: Nuclear fees and unintentional otter injuries
The possible war with Iran did not escalate. The reconciliation bill debate continued, as did presidential pressure on the Federal Reserve to lower rates. U.S.
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This Week in Ridiculous Regulations
Congress averted a government shutdown until December 20th by passing a continuing resolution. The Fall 2019 Unified Agenda was also released, which compiles all rulemaking…
Blog
Trump Regulatory Reform Agenda By the Numbers: End of One-In, Two-Out?
The Trump administration has released the Fall 2019 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions. Late and incomplete compared to the last…
Blog
This Week in Ridiculous Regulations
The 2019 Federal Register has already exceeded its page count during President Trump’s first year in office, with more than a month to spare and…
Blog
Ex-Im Reauthorization Vote Today in the House
The House of Representatives will vote on reauthorizing the Export-Import Bank today. Even if Ex-Im is reauthorized, the fight over it has already yielded a…
Forbes
Helicopter Government? How the Internet of Things Enables Pushbutton Regulation from a Distance
Artificial intelligence can be curiously stupid. My Android phone still thinks I’m “wing Cruz” and doesn’t know my kids. Pandora overplays The Church and Deadmau5…
Blog
This Week in Ridiculous Regulations
The number of new regulations this year passed 2,500 last week, and the Federal Register surpassed 60,000 pages. This week could see big news on…
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