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
Free the Economy podcast: Dear Mr. President with Destry Edwards
In this week’s episode we cover the economic slowdown from tariffs, more accountability for independent agencies in the federal government, and…

Blog
The week in regulations: Steel tariff inclusions and policies for arresting journalists
The 2025 edition of Wayne Crews’s Ten Thousand Commandments is out now. The economy shrank 0.3 percent in the first quarter of 2025…

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Commencing deconstruction of the administrative state – Trump’s next 100 days
Federal regulation costs trillions of dollars each year. Call it the “costberg”—a vast, submerged amalgam of rules, guidance, and paperwork reshaping the economy without a…
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News Release
Public Interest Group Criticizes Attack on OMB Nominee
Washington, D.C., March 13, 2001—The Competitive Enterprise Institute is accusing critics of the Administration’s new Office of Management and Budget nominee, John D.
Op-Eds
Tax Cut Fast Track
Virtually everyone agrees that George W. Bush confronts a rapidly weakening economy as he assumes the presi- dency. Cutting marginal tax rates was at the top…
Op-Eds
Tax Reform Can be Everyone’s Agenda
While the marathon presidential election in Florida grinds to a conclusion, in Washington, D.C., members of Congress returned in lame-duck session to finish up this…
Op-Eds
In Obscurity, Clinton Regime Saves Worst Regulations for Last
Americans have developed a fetish-like fixation on the “first hundred days” of incoming ‘administrations in the era of promise-us-everything politics. They use the honeymoon period…
Op-Eds
With Cheney, Smart Economics in Supply
Richard Cheney, George W. Bush’s choice for running mate, understands that this marvelous “new” economy we enjoy today began with the across-the-board tax-rate reductions…
Citation
Spending on Red Tape is Rising
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