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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And Now a Word From Our Critics
FridayBalance is an important conceit of American journalism. In the late nineteenth and early twentieth centuries, previously partisan newspapers edged toward respectability and…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A government report out of the UK predicts dire economic consequences from global…
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What’s the Doughboy Afraid Of?
WednesdayVermont is cold. That message will be repeated several times Wednesday night but it's bleeding obvious from the minute I step out of…
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Business Bankrolling of the Left
Big business primarily supports right-wing advocacy groups, right? Think again. A recent report from the Capital Research Center shows Fortune 100 corporate foundations…
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The Competitive Enterprise Institute Daily Update
Issues in the News ENERGY Exxon Mobil reports second largest quarterly profit ever for a publicly traded U.S. company. …
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Rules of Ridicule
“Ridicule is man's most potent weapon,” says the fifth rule of Rules for Radicals: A Pragmatic Primer for Realistic Radicals, Saul Alinsky's classic…
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