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.
Featured Posts

Blog
The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

Blog
Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

Blog
Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
Search Posts
Citation
Freddie, Fannie May Be Finished, But What Comes Next?
Blog
Common Sense: Making Union Officials Help Union Members
Recently, there have been numerous protests about Republican legislation that it is supposedly anti-union and limiting the rights of workers. I don’t buy it. Let…
Blog
Regulation of the Day 164: Panhandling
If Montgomery County Executive Ike Leggett gets his way, panhandlers will need a government permit to ask people for money if they’re near a road.
Blog
Morning Media Summary
Tech: China building a city for cloud computing: “China is building a city-sized cloud computing and office complex that will include a mega…
Op-Eds
Regulation Destabilization: Time For Reform, Washington
On Feb. 14, President Obama will release his fiscal budget. It’ll be big. But even that alternate universe tells only part of the story of…
Lew Rockwell
A Killer Agency
News Release
REINS Act, Regulatory Reform Will Foster Deep-Rooted Economic Recovery
Washington, D.C., February 8, 2011 – This week is good news for those who have advocated regulatory reform as a means of boosting the economy.
Investors' Business Daily
Regulation Without Representation
Regulatory agencies enact more than 3,500 new regulations in an average year. A new federal rule hits the books roughly every two hours, 24…
Blog
FDIC’s Pay Caps Will Keep Businesses on “Sidelines”
At 11:30, in a much-anticipated speech at the U.S. Chamber of Commerce, President Obama used Super Bowl analogies to urge American businesses to “get off the…
Blog
Another TSA Nightmare
The writer Andrew Ian Dodge shares his painful experience at the hands of the TSA at this link. The TSA inflicted prolonged pain on…
Blog
Morning Media Summary
Tech: Internet is easy prey for governments: “For all that the revolution in Egypt tells us about the power of…
International Liberty
The Federal Bureaucracy: Even More Bloated When You Count the “Shadow” Workforce
International Liberty references Iain Murray's Nationa Review article to discuss the size of the federal workforce. Iain Murray of the Competitive Enterprise Institute…
Blog
TSA Given Approval To Unionize
As the New York Times says, this is a debate that has been brewing for potentially a decade: the “right” for Transportation Security Administration…
Blog
Regulation of the Day 163: Switchblades
Maine state representative Sheryl Briggs would like to end her state’s switchblade ban – but only for people with one arm.
Blog
Morning Media Summary
Tech: A Shortage of Power in Data Centers?: “You don’t know what you have until it’s gone, right? If you’ve ever experienced a…
Blog
Ruling Striking Down Health Care Law Was Not “Judicial Activism”
On Monday, a federal judge in Florida struck down Obamacare as unconstitutional. Judge Vinson concluded that the law’s cornerstone — a requirement that…
Blog
Senate Repeals Obamacare’s 1099 Mandate — OTC Drug Rules Should be Next
Although the U.S. Senate voted along partisan lines to defeat repeal of the Patient Protection and Affordable Care Act — also known as Obamacare —…
Blog
Morning Media Summary
Tech: News Corp. Launches Digital Daily: “News Corp. on Wednesday unveiled The Daily, a tablet newspaper that Chairman Rupert Murdoch described as “the…
International Liberty
Leviathan
How many Americans work in government? That’s a difficult question to answer. Officially, as of 2009, the federal government employed 2.8 million individuals out of…
Blog
Thomas Sowell on the Value of Consumer Choice
One of Thomas Sowell’s greatest insights is that in public policy, there are no solutions, only trade-offs. That extends to deciding what to spend money…
Blog
Suspend Obamacare’s 1099 and OTC Drug Rules Pending Supreme Court Action
Monday’s decision by Florida federal judge Roger Vinson striking down the Patient Protection and Affordable Care Act — also known as Obamacare — in its…
Blog
The GOP and the Health Insurance Mandate
With the health insurance individual purchase mandate looking more vulnerable than ever, Democrats are trying desperately to get some mileage out…
Blog
Morning Media Summary
Tech: Google accuses Microsoft on search data: “Google has accused arch-rival Microsoft of plagiarising its internet search results in an attempt to narrow…
Forbes
A Federal Regulations Crackdown: Obama’s Dip In The Yangtze
Forbes
Christians In the Middle East and the American Dream
The current uprising in Egypt is troubling many Christians throughout the region, but it is not a stand alone incident. Pope Benedict XVI’s New Year’s…
Blog
FCIC Report Perhaps Too Communicative
Because I so often write letters — which are not always published — I thought I’d share them here. Here’s one to the WSJ regarding…
Blog
Morning Media Summary
Tech: 200GB to 25GB: Canada gets first, bitter does of metered Internet: “Metered Internet usage (also called “Usage-Based Billing”) is coming to Canada,…
Forbes
Bulldog is still fighting
Forbes
Liberating Credit Unions and Entrepreneurs
Now more than ever, “civility” is the rage on Capitol Hill. The civility craze may have reached its nadir with what was called “date night”…
Blog
Obamacare Struck Down by Florida Judge; Properly Applies Severability Principles to Invalidate Whole Law
A judge in Florida just declared the health care law known as “Obamacare” unconstitutional, ruling it void in its entirety. Judge Vinson rightly…
Blog
Regulation of the Day 162: Breaking Wind
The southeast African country of Malawi is about to make farting illegal. The government there is trying to “mould responsible and disciplined citizens.”…
Blog
Morning Media Summary
Tech: Without Internet, Egyptians find new ways to get online: “”When countries block, we evolve,” an activist with the group We Rebuild wrote…
Blog
TSA Shuts Door on Private Airport Screening Program That Exposed TSA’s Inefficiency
The Transportation Security Administration has shut the door on a private airport screening program that was making the inefficient agency look bad by outperforming it…
Blog
Regulation of the Day 161: Crossing the Street
Three states are proposing to make it illegal to listen to your iPod while crossing the street. Legislators in California, New York, and Oregon are…
Blog
Morning Media Summary
Tech: Facebook posts mined for court case evidence: “It’s the latest litigation tactic in the online age: U.S. lawyers are trying to mine…
Blog
The Supreme Court is NOT Pro-Business
Once again ruling against America’s employers, the Supreme Court Monday broadened the reach of the 1964 Civil Rights Act’s ban on retaliation. It overturned…
Blog
Morning Media Summary
Tech: Facebook phones to be unveiled next month: “London-based City A.M. is reporting that Facebook, in conjunction with Taiwanese phone manufacturer HTC, will…
Yahoo! News
Tuning out: New York, California and Oregon propose banning cell phone and iPod use by pedestrians
Blog
Morning Media Summary
Tech: DOJ seeks mandatory data retention requirement for ISPs: “The U.S. Department of Justice and an organization representing police chiefs from around the…
Yahoo! News
Rolling Back Red Tape: 20 Regulations to Eliminate
Cafe Hayek
Reactions to Last Night’s State of the Union Address
Daily Caller
Bush’s Third Term Continues
In 1957, the Soviet Union launched a satellite into space. Therefore, taxpayers should give more money to politically favored corporations. This is not a…
Blog
Congress Considering “Kill Switch” for Capitalism
Introduced last summer, a bill affording President Obama executive power over private Internet companies in the event of a “national cyberemergency” is returning this year,…
Blog
State of the Union Live-Blogging
CEI's Ryan Young live-blogs President Obama's State of the Union address. Coverage will begin shortly before the speech at 9:00pm EST.
Blog
Morning Media Summary
Tech: Two-thirds of U.S. Internet users lack fast broadband: “Two-thirds of U.S. Internet connections are slower than 5 Mbps, putting the United States…
Daily Caller
Mis-State Of The Union
Politicians rarely think voluntary markets are so grand that they couldn’t benefit from a good ol’ dose of compulsion. It’s a shame, because that…
Blog
Regulations and Small Business
A theme of President Obama’s State of the Union speech tomorrow is the idea that we need to make America more competitive in the global…
Blog
Our Journey Down Hayek’s Road
As the president lays out his vision for the country in his State of the Union address tomorrow, it’s important to keep a simple question…
Blog
Morning Media Summary
Tech: Opps: No copied Java code or weapons of mass destruction found in Android: ?Sometimes the sheer wrongness of what is posted on…
Blog
What Should POTUS Say During SOTU?
Freedom Action‘s Myron Ebell, while he isn’t optimistic, answers on a POLITICO forum: In an ideal world, President Barack Obama would use his…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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