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
Washington’s 10,000 Commandments Place Heavy Burden on American Families
Washington, DC, May 21, 2001 — The Competitive Enterprise Institute today released the study 10,000 Commandments: An Annual Policy Maker’s Snapshot of the…
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…
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