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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Free the Economy podcast: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
Blog
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…
Blog
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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Alcohol Regulatory Roundup: St. Patrick’s Hangover Edition
While you guzzled green beer and nursed the subsequent hangover, politicians and other interested parties were busy creating or preventing regulatory headaches of their own.
Blog
Are Text Messages an Antitrust Issue?
Text messages cost 20 cents to send, even though they use a fraction of a penny of bandwidth. What gives? Antitrust authorities want to know.
The Wall Street Journal
How Washington Ruined Your Washing Machine
It might not have been the most stylish, but for decades the top-loading laundry machine was the most affordable and dependable. Now it’s ruined—and Americans…
American Spectator
Are Text Messages an Antitrust Issue?
Text messages are expensive. Most carriers charge customers 20 cents for every text they send. But the tiny messages use up only a fraction…
Blog
Interchange — Will 16 Republicans Again Back Durbin’s Price Controls? (Corrected)
Correction: In the original post, I erroneously included Sen. Mike Crapo twice, when I meant to include Sen. Mike Enzi (R-Wyo.) as one of the pro-price…
EWeek
White House Asks for Do Not Track Legislation
EWeek discusses legislation on "Do Not Track" search engine features with Wayne Crews. Congress should be very wary politically defining "Do Not Track,"…
Blog
The War on Scent Continues
Nevada's legislature is considering restricting or banning pesticides, potpourri, air fresheners, candles, and pretty much anything with a scent in public places.
National Review
Broken-Window Fallacy Alert
Blog
Regulation of the Day 167: Wearing Perfume
Portland, Oregon is banning city government employees from wearing perfume or cologne at work.
Blog
Bidding Bon Voyage to Nationalized Wind Insurance
According to several Gulf Coast legislators, the idea of adding wind insurance to the National Flood Insurance Program is not going to happen anytime soon.
National Review
Japan’s Nuclear Crisis: Where Is Steven Chu?
Anyone who has done a little reading on the Japan nuclear crisis will know that we’re facing a less dangerous situation than Three Mile Island.
Blog
Unintended Consequences, Low Flush Toilets
In yet another example of why prudence is necessary on the behalf of law makers, who might have a little more faith in the market…
Blog
Regulation of the Day 166: Cowboy Poetry
This year’s budget battle is especially heated. Democrats want the federal budget to be $3.7 trillion. Republicans want it to be $3.6 trillion. Both sides…
Blog
My Statement on the REINS Act Hearing
Here's my full statement on today's House Judiciary Committee hearing on the REINS Act: We commend the House Judiciary Committee for gathering distinguished experts…
Blog
Alcohol Regulation Roundup: Fat Tuesday Edition
Happy Fat Tuesday, everyone! While you enjoy that frosty alcoholic beverage, enjoy this latest round of alcohol-related regulatory actions throughout the nation:…
News Release
Major Reg Reform Bill, REINS Act, Vetted Before House Judiciary Committee Today
Washington, D.C., March 8, 2011 — Congress has an opportunity to restore oversight and accountability to federal regulatory agencies run amuck, as the House Judiciary…
Blog
How to Help Small Businesses
Politicians love small businesses. Almost every campaign stump speech gushes about how important they are for the economy. Never afraid to put our money where…
Blog
Obamacare’s Costs Rise, as Obama Backers Get Preferential Treatment
The cost of Obamacare continues to explode and exceed its sponsors’ predictions. HHS Secretary Kathleen Sebelius has now admitted to double-counting in the Obamacare…
Blog
Connecticut Legislation Seeks to Unconstitutionally Restrict Political Speech by Employers
A Connecticut legislator is seeking to restrict the speech of employers on “religious or political” topics in pending legislation (House Bill 5460). The bill…
Blog
Compensate Donors for Giving Their Organs
My letter to the editor in today’s Washington Post: The Feb. 24 front-page article “New kidney transplant rules would favor younger patients” reported…
Blog
What Comes with Public Sector Collective Bargaining
The left has been successful in framing Governor Walker's efforts to end collective bargaining rights in the public sector as an assault on…
National Review
How About a Budget for Regulations?
We have a bad fiscal budgetary process that institutionally isn’t capable of controlling the trajectory of federal spending in any direction but up. We need…
Blog
Privatizing Education the Fix for Collective Bargaining Debate
The collective bargaining debate in Wisconsin has elucidated one critical point: The federal, state, and local government should not be involved in industries that can…
Blog
Morning Media Summary
Tech: Windows Intune hits the street March 23: “Microsoft said today that the final version of its Windows Intune cloud-delivered PC management…
Blog
What’s in a Name? A Reflection on the SBA
The Small Business Administration (SBA) recently announced it is expanding regulation in light of recent abuses. As The Washington Post reported recently, some…
Blog
Bogus Statistic from Wisconsin Union Backers Spreads Despite Repeated Debunking
"A lie can make it half way around the world before the truth has time to put its boots on" -- like a…
Blog
Morning Media Summary
Tech: Gmail accidentally resetting accounts, years of correspondence: “If you've got a working Gmail account, you might want to back it up every so…
Blog
Wisconsin Union Backers Defame Virginia and Spread Bogus Statistics
Virginia schools have better-than-average test scores. Virginia obviously doesn't rank an abysmal 44th in the nation on SATs and ACTs, as…
Blog
$240 Billion Tobacco Deal Challenged in Supreme Court in S&M Brands v. Caldwell
Back in 1998, the states settled their lawsuits against the big tobacco companies in a deal called the tobacco Master Settlement Agreement -- the biggest…
Blog
Morning Media Summary
Tech: London Stock Exchange Hit by Technical Glitch: The London Stock Exchange suffered a second embarrassing system glitch in a week on Friday…
Blog
Lessons from Four Loko: Don’t Be Too Good
That lawmakers are still wringing their hands about the alcoholic (formerly caffeinated) drink, Four Loko, reveals that their fears have nothing to do with…
Study
The Case for Reform of the Railway Labor Act
End Unionization through Regulation and Allow Workers to Decertify Unions…
Blog
Morning Media Summary
Tech: Google launches Apps certification program for IT pros: “Google has launched a program to certify that staffers at Google Apps resellers have specific…
Blog
Alcohol Regulation Roundup: February 24, 2011
Kansas: The Kansas Federal and State Affairs Committee approved legislation that would phase in the sale of full-strength beer, wine and liquor in grocery…
Blog
Alcohol Regulation Roundup: February 23, 2011
Alabama: After passing through the state Senate and House, Tuscaloosa voters approved a bill that legalizes Sunday sales of alcohol within…
Blog
Morning Media Summary
Tech: Amazon Rolls Out Instant Streaming for ‘Prime’ Members: “Amazon.com (AMZN: 180.45, 0.00, 0.00%) on Tuesday announced its highly-rumored video-streaming service for customers subscribing…
Blog
No, Wisconsin’s Budget Deficit Wasn’t “Manufactured” by Walker and the GOP
Wisconsin is one of the most heavily taxed states in the country, and its government employees are paid much better than the state’s…
National Review
$240 billion tobacco deal challenged in Supreme Court
Back in 1998, the states settled their lawsuits against the big tobacco companies in something called the tobacco Master Settlement Agreement – the biggest legal…
Blog
Egyptian Military Seeks to Reverse Economic Reforms
The military government that replaced Egyptian ruler Hosni Mubarak is now moving to reverse recent reforms that gave Egypt solid economic growth in the last several…
Blog
Remembering Jack Calfee
The sad news of Jack Calfee’s death came out of the blue yesterday morning. I first met Jack about two decades…
Blog
Morning Media Summary
Tech: Meet the Android Malware That Sucks Your Bandwidth: “Mobile malware is still a fringe development, but it’s not inconceivable that you’d run…
Daily Caller
Bad Publicity, Good Results
Turns out there is such a thing as bad publicity. School districts across Wisconsin have closed because of the number of teachers calling in…
Blog
CEI Podcast for February 17, 2011: Let the Best Bulb Win
Brian McGraw, a Policy Analyst for CEI's Center for Energy & Environment, talks about the coming incandescent light bulb ban, who it benefits (bulb manufacturers),…
Comment
CEI Submits Comments on Commercial Motor Vehicle Operator Hours of Service
Full Document Available in PDF On behalf of the Competitive Enterprise Institute…
Blog
Morning Media Summary
Tech: ‘Watson’ the computer creams human ‘Jeopardy!’ champs: “An IBM computer creamed two human champions on the television game show “Jeopardy!” today in…
News Release
Dodd-Frank Debit Price Controls Condemned by Michigan Legislature, Coalition Letter
Washington, D.C., February 17, 2011 – Today, the House Financial Services Committee is holding a hearing on Dodd-Frank’s Durbin Amendment, which puts below-cost price…
Blog
Defending the Incandescent Light Bulb
Jim DiPeso, writing at The Daily Green, does not care much for Freedom Action’s campaign to overturn the impending ban on…
Blog
Morning Media Summary
Tech: Computer crushes the competition on ‘Jeopardy!’: “The computer outsmarted its human competition in Game 1 of the Man vs. Machine competition on…
Washington Examiner
Sen. Toomey Demands Spending Reform Instead of Debt Ceiling Hike
At Heritage, Sen. Pat Toomey, R-Pa., promises not to consider raising the debt ceiling until Congress reforms America’s “unsustainable” spending habits. Toomey’s slim…
Blog
Morning Media Summary
Tech: Google Launches Site-Blocking Extension Against Content Farms: “Aimed at stripping search results of pages from “low-quality” sites, a new Google Chrome extension…
Blog
Regulation of the Day 165: Singing in Public
It is against the law to sing in public in Anderson, South Carolina. But the ban could be lifted as soon as today.
Blog
Michigan May Fire Salvo Against Regressive Debit Card Price Controls
In the battle against Obamacare, the shots heard ’round the world were resolutions against the law by state legislatures. These resolutions led to court cases that…
Blog
Hold the Sizzle: Chipotle, Immigrant Employees Get ICE’d
Chipotle boasts that it offers “food with integrity,” but the popular restaurant chain may want to consider an addendum in light of its recent actions:…
Blog
Morning Media Summary
Tech: FTC Warns About Public Wi-Fi Hotspot Dangers: “The OnGuardOnline.gov website, operated by the Federal Trade Commission, Justice Department, Homeland Security, Commerce Department…
Washington Examiner
TSA Union Power Grab
It’s been a bad couple of weeks for taxpayers and airport travelers – but a good one for government employee unions. As if the…
News Release
Obama Budget Fails On Regulatory Reform
Washington, D.C., February 14, 2011 — President Barack Obama has submitted a $3.73 trillion spending budget blueprint for fiscal 2012, blowing well past President George…
Orange County Register
Deceptive Obama Budget Still Bloated
The Orange Country Register discusses President Obama's deceptive budget with Iain Murray. "The president is pulling a fast one on the public when he…
Blog
The Pitfalls of Unionizing the TSA
Robert Verbruggen wrote recently about the downside of unionizing the TSA in the National Review, taking issue with the Obama Administration’s decision to allow the…
Blog
PolitiFact: Obama Made False Claims About Health Care, Taxes, and Court Rulings
PolitiFact, which earlier took Obama’s side about whether Obamacare is a government takeover of health care, now is criticizing President Obama for making…
NCPA
Regulation without Representation
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CEI Podcast for February 10, 2011: How Not to Stop Eminent Domain Abuse
Land Use and Transportation Policy Analyst Marc Scribner takes a close look at an eminent domain reform bill just passed by the Texas State Senate.
Blog
Put Regulations on a Life-Cycle Budget
Reading through the headlines, the top economic stories are about scrutiny of regulation and spending proposals regarding the federal budget. But the similarities and differences…
Blog
Alcohol Regulation Roundup: February 10, 2011
Massachusetts: State Representative Alice Peisch filed legislation this week (HD 2759), which would amend the state’s outdated laws from the 1970s that make it…
Creators
A Killer Agency
Blog
Alcohol Regulation Roundup: February 9, 2011
Connecticut: Two days after Super Bowl Sunday, Connecticut lawmakers held a hearing on one of the most contentious issues this session:…
Blog
Regulation without Representation
Congress never actually votes on most regulations. As Wayne Crews and I explain in today's Investor's Business Daily, this is regulation without representation.
Blog
Morning Media Summary
Tech: 1Gbps Wi-Fi Soon Coming To a Billion Devices: “Not only is 1Gbps heading for your Wi-Fi network by next year, it will…
Creators
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…
Creators
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…
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