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
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Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
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The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging from…
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The week in regulations: Cable television rates and estate sales
President Trump announced an easing of vehicle fuel economy standards. Netflix struck a deal to buy Warner Bros. and HBO. The Defense Secretary is in…
Search Posts
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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
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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,…
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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.
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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…
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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…
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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…
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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…
Boston Globe
Obama — the Great Deregulator?
The Boston Globe cites Wayne Crews's comments on President Obama's executive order to stop "outdated" federal regulations. “This executive order is hardly a…
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Andrew Sullivan Blames Tea Party for Budget-Busting Deal That He, Not It, Supported
The deficit is largely the result of “feel-good” bipartisan policies supported by the political establishment. But rather than taking credit for the deficit it…
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Tim Carney Knows How Washington Works
Tim's latest column is a must-read. Lobbying wouldn't be such a booming business if regulation wasn't, too.
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Morning Media Summary
Tech: Gov will spend 400k pounds to destroy ID card data: “The cost of destroying the personal data collected under the ill-starred programme…
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Yes, Obamacare is a Government Takeover of the Health Care System
In Tuesday’s Washington Post, Glenn Kessler looked at Republican claims about Obamacare, such as the claim that it “is a ‘government takeover’ of the health…
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New York City Taxi Alliance Opposes Competition
From their webpage, we see a press release denouncing Mayor Bloomberg’s decision to allow livery cars (limousines, personal hired cars, etc.) to pick…
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Morning Media Summary
Tech: Starbucks launches largest mobile payment program in the US: “Starbucks has started accepting mobile payments. Customers can use the Starbucks Card Mobile…
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Six Painless Ways to Cut Federal Red Tape
President Obama signed an Executive Order this week that will initiate a "government-wide review of the rules already on the books to remove outdated regulations…
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EPA to Re-Brand Mortality Risk Reduction
A recent paper published by the EPA provides up to date governmental thoughts on attempts to put a value on a statistical life (VSL)…
Blog
Morning Media Summary
Tech: FCC signs off on Comcast’s bid to control NBC Universal: “Federal regulators signed off on Comcast Corp.’s bid to control NBC Universal,…
AOL News
6 Painless Ways to Cut Federal Red Tape
In this age of trillion-dollar budgets, deficits and stimulus packages, taxes and spending get all the press. But while the $3.5 trillion federal budget…
Wall Street Journal
Move Reflect Shift In Presidents Tone
The Wall Street Journal discusses regulations and executive orders with Wayne Crews. He didn't disavow the Dodd-Frank Act nor his new health-care law,…
Study
Reform Wetlands Policies
Liberate to Stimulate Index…
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Let Market Forces Regulate Internet Gambling
In June 2010, the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) was implemented after years of delays. The law regulates banking and credit processes related…
Study
Suspend Mark-to-Market Rules and Make Accounting Regulators Accountable
Liberate to Stimulate Index The Financial Accounting Standards Board (FASB) was hauled before Congressional hearings and members of both parties expressed concern…
Study
Protect Free Speech by Rejecting Content Regulation
Liberate to Stimulate Index In recent years, the First Amendment’s protections have been increasingly extended to commercial speech, such as product advertisements…
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Allow Immigrants Full Access to the American Economy
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Phase Out the National Flood Insurance Program
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Counteract Politicization of Federal Science Policy
Liberate to Stimulate Index The federal politicization of science in many areas is harming science itself. Ethics rules and advisory panel guidelines…
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Resist New Burdens on the Transportation Sector
Liberate to Stimulate Index The transportation industries—airline, railroad, shipping, and trucking—are networks involving both a flow and a grid. The flow element…
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Develop Smart Policies to Help Homeowners Deal with Natural Catastrophes
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Forge a Bipartisan Approach to End Corporate Welfare
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Put Mobility First in Surface Transportation
Liberate to Stimulate Index Surface transportation policy has become less rational and more ideological in recent decades. Environmentalists, urban planners, and their…
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Regulate Government Data Collection While Avoiding Perscriptive Privacy Regulation
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Resist Anti Consumer Antitrust Regulation
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Resist Forced Unionization of Public Safety Personnel
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Oppose Taxpayer Bailouts of Underfunded Union Pension Funds
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Reform the Transportation Security Administration
Liberate to Stimulate Index Reform of the Transportation Security Administration (TSA) is long overdue—as the recent passenger backlash against both the TSA’s…
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Restore the Constitutional Right to Property
Liberate to Stimulate Index The right to property is an essential part of a free society, and widespread private property ownership is…
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Eliminate Wage Ceilings for Unionized Workers
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Embrace Private Conservation of Land and Natural Resources
Liberate to Stimulate Index Private stewardship and markets play a critical role in land and natural resource conservation. Much of America’s land…
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Oppose Efforts to Impose Pro-Organized Labor Rules through Regulation
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Protect Endangered Species
Liberate to Stimulate Index The Endangered Species Act (ESA) of 1973 is bad for wildlife, because it is bad for people. It…
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End Federal Support for Renewable Energy
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