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…
Blog
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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Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TECHNOLOGY Tech companies lobby for federal data privacy regulation. CEI Expert Available to Comment: Vice President…
Op-Eds
New York City Bans Science
The New York City Board of Health this week banned the use of trans fats by restaurants. The decision is directly traceable back to…
Op-Eds
Freedom Fighter
The war to advance economic liberty will last forever. The effort is frustrating and often discouraging. Many freedom fighters burn out, retire from the field,…
Op-Eds
The Case Against Racial ‘Balancing’ Schemes
The editorial “A Different Race Case” argued that Seattle’s use of race in assigning students to schools should be upheld by the Supreme Court…
News Release
New Book ECO-FREAKS Reveals Destructive Environmental Agenda
Contacts: Peter Nasaw, (212) 966-4600, Christine Hall, (202) 331-2258 Washington, D.C., November 28, 2006—Rachael Carson’s Silent Spring advice actually killed…
Op-Eds
Al Gore is Captain Planet
The DVD version of Al Gore’s An Inconvenient Truth is released this week. In addition to the movie, the DVD will feature a…
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