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
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
Search Posts
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
Blog
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…
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
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