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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Nanotech’s Choice: Pork or Innovation?
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Conflicting with Reality: Or, Scientists are Human, Too
Full Document Available in PDF Former New England Journal of…
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Tort Law “to Make Law”
Full Document Available in PDF A recent little-noticed New York Times story says…
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Conflicting with Reality
Former New England Journal of Medicine editor Jerome Kassirer, in an August 1 Washington Post op-ed, argues that conflicts of interest in medical…
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Fear Factor
Environmental activists seeking to halt the worldwide spread of the advanced technologies they fear see <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />China…
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Obesity: a Sign We’re Doing Things Right
Health and Human Services Secretary Tommy Thompson recently designated obesity a disease, with all the negative implications that entails. Our society, crippled, it seems,…
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
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment