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. POLITICS State officials accuse Gov. Arnold Schwarzenegger of undermining recent legislation on greenhouse gas emissions. CEI…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. SCIENCE The American Meteorological Society holds a congressional briefing, “Is Global Warming Impacting, or…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH The FDA approves a new drug to treat severe cases of Alzheimer’s disease.
Op-Eds
Big business loses a buddy with Mark Foley resignation
WASHINGTON – We’re still figuring out who knew what and when about former Florida Rep. Mark Foley’s behavior toward pages, but the disgraced…
Op-Eds
A Nobel Prize For Pinpointing U.S. Greatness
America is now five for five in the Nobel Prizes this year. And the announcement of Edmund Phelps as the economics recipient is…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. BUSINESS The Justice Department approves the merger of AT&T and BellSouth Corp., leaving the decision…
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