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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Debt Ceiling Deal of 1996 Set Regulatory Reform Precedent
In National Review this week, Wayne Crews and I make the case for including regulatory reform in a debt ceiling package. "Any hike in…
Op-Eds
Bush Years Imposed Crushing Regulatory Burdens
Among the biggest lies told by liberals over the past few years is that the administration of President George W. Bush was some sort of…
Citation
Chris Horner on “Green” Programs and the War on Styrofoam
Chris Horner addresses the failure of "green" programs, both in terms of cost and purpose. He discusses the many millions wasted by the government…
Op-Eds
The Debt Ceiling, Thomas Jefferson and the Semi-Virtue of a Balanced Budget Amendment
I’m for a balanced budget, even an amendment, but I’m more for the principle of limited government. A federal government that picks a national bird…
Blog
Fannie Mae Played a Bigger Role in the Financial Crisis than Previously Thought
In the Wall Street Journal, Peter Wallison, who prophetically warned against the risky practices of mortgage giant Fannie Mae, describes the key role…
Blog
Michelle Obama’s 1700 Calorie Hypocrisy
I am no fan of ad hominem attacks, especially when it’s the President and his administration that deserve true criticism for their policies. So, when…
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