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)…
Blog
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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Op-Eds
Privatize Amtrak the Right Way, Avoiding Pitfalls of British Experience, by Iain Murray
WASHINGTON – Given its recent troubles, Amtrak’s flagship Northeast corridor high-speed Acela train might as well be renamed “Decela.” Amtrak officials suspended the service and…
Newsletter
The Competitive Enterprise Institute Daily Update
Issues in the News 1. TRANSPORTATION Communities in states such as Michigan, Florida, Texas and…
Atlanta Journal-Constitution
Abolish Federal Pension Guarantee
Just as the squeaky wheel gets the grease, a government program gets Congress’ attention by going deep in the red. And the Pension Benefit Guaranty…
Newsletter
The Competitive Enterprise Institute Daily Dispatch
Issues in the News 1. TECHNOLOGY Microsoft and the EU Competition Commission have apparently reached an agreement over the Commission’s 2004…
Newsletter
The Competitive Enterprise Institute Daily Update
1. PRIVACY United Parcel Service loses computer tapes containing financial records for 3.9 million Citigroup Inc. customers. From CEI: Vice President…
Study
The Revolution Spins toward More Regulation
Full document available in pdf format. …
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