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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Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
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The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
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News Release
Economist James Broughel joins Competitive Enterprise Institute as senior fellow
The Competitive Enterprise Institute is pleased to welcome economist James Broughel as a Senior Fellow with a focus on innovation and dynamism. Dr.
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Screw up the dishwashers, save the planet?
The Department of Energy (DOE) proposed more stringent energy and water efficiency standards for dishwashers Friday, despite the fact that the regulations currently…
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This week in ridiculous regulations: cloudy guidance documents and potato ledprona
The number of new final regulations this year topped 1,000 last week. It was the rare 3,000-page for the Federal Register, which will likely…
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Regulatory reform in the 118th Congress: Regulatory Accountability Act
In 2003, the Office of Management and Budget (OMB) published Circular A-4. A-4 is little-known but crucial oversight measure for new regulations. It…
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The week in ridiculous regulations: otter casualties and moving the goalpost
Fox News settled its defamation case over its false reporting on the 2020 election with voting machine maker Dominion. The Consumer Financial Protection…
Forbes
Congress Must Mobilize To Halt Biden’s Radical Administrative State Transformation
[T]he genius of the Progressives in the late 19th century was to preempt or push large sectors of the emerging future (the…
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