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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Blog
The Rulemakers: Which federal agencies dominate Trump’s 2026 Agenda?
Over the Independence Day holiday, the Trump administration released its 2026Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda), which…
Blog
Diary of deconstruction: White House releases 2026 Unified Agenda of Federal Regulations
Since 1983, the often-tardy semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda) has surveyed recently completed and forthcoming rulemaking priorities across…
Blog
The week in regulations: Supersonic flight and circuit board acquisition
America turned 250 years old on July 4. The Unified Agenda, which lists all upcoming regulations, came out in the July 3 holiday weekend…
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Op-Eds
Reformers are too Willing to Turn a Blind Eye to Liberal Fixes for our Economic Problems
Sirs, Your edition of July 6 features two distinct columns that demonstrate a persistent neglect of economic liberalisation as a way of resolving societal…
Study
Spitzer Strains out Grasso While Swallowing Camels
Full Document Available in PDF Recently, New York Attorney General Eliot Spitzer…
Products
A More Creative and Productive World
Full Document Available in PDF I’m grateful to all of you for…
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Ronald Reagan, Freedom’s Champion
Full Document Available in PDF Former President Ronald Reagan’s passing has prompted innumerable words about…
Products
June Edition of CEI’s Monthly Planet
Full Document Available in PDF “A More Creative and Productive…
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Split Decision at the SEC
Nobel Prize economist Ronald Coase long ago warned of a political risk—that of wishing to be an “economic statesman,” which he defined as a person…
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