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 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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The Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Connecticut Attorney General Richard Blumenthal investigates denial-of-coverage complaints against major insurance companies.
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“Terrible Ten” State Attorneys General Profiled in New Study
Contact: Christine Hall, 202.331.2258 Washington, D.C., January 24, 2007—A new CEI study of abuse of power by state attorneys general singles out…
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How Will Congress Respond to the State of the Union?
Contact: Richard Morrison, 202.331.2273…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The Senate takes up legislation raising the minimum wage.
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Oh Boy, Alberto
If you were watching the Senate Judiciary Committee hearings Thursday, chances are you didn't see it coming. Senator Arlen Specter was questioning Attorney…
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The Competitive Enterprise Institute Daily Update
Issues in the News TECHNOLOGY Microsoft announces it will release its newest operating system, Windows Vista, on January 30th. CEI Expert…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment