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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The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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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 Competitive Enterprise Institute Daily Update
Issues in the News 1. LEGAL Lorillard Tobacco Co. signs an agreement with over 30 states to curtail Internet…
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The Competitive Enterprise Institute Daily Update
1. HEALTH The West Nile virus makes a comeback in the Midwest. CEI Expert Available to Comment: Director of Risk & Environmental…
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Issues in the News TRANSPORTATION A documentary about the development of the electric car hits movie theaters. CEI Expert…
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Issues in the News 1. REGULATION President Bush urges adoption of the line item veto as a…
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Public Comment Regarding Proposed Risk Assessment Bulletin
June 15, 2006 Office of Information and Regulatory Affairs Office of Management and Budget 727 17th Street, N.W. New Executive Office Building, Room 10201 Washington,…
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The Competitive Enterprise Institute Daily Update
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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