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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The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The House of Representative approves legislation requiring the government to negotiate lower…
Op-Eds
You Try Living with Ed’s Wife
Ed Begley Jr. had an image problem. Hollywood is lousy with so-called activists, but he's a genuine back-to-the-land environmentalist and something of a…
Letters
We oppose negotiations on Medicare Part D drug prices
We are deeply concerned about proposed legislation that would lead to negotiation of pharmaceutical prices by the federal government for the new Medicare Part…
Study
A Free Market Agenda for the 110th Congress
Washington, D.C., January 10, 2007—Today the Competitive Enterprise Institute releases its policy recommendations for the new leadership on Capitol Hill: This Liberal Congress Went to…
Study
This Liberal Congress Went to Market: a Bipartisan Policy Agenda for the 110th Congress
DO…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. CONGRESS The House of Representatives meets today to debate an increase in 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