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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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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Regulation of the Day 97: Full Body Scans and Child Protection Laws
Sometimes, when two regulations love each other much, they get together and have little baby regulations. This is happening right now in Britain.
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Serial Rapists Roam Free in D.C. as the D.C. Government Shields Ex-Cons from Discrimination
The D.C. government sometimes has more empathy for criminals than for their victims. In December 2007, the D.C. Council voted to…
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Richard Epstein: “Deregulation Now”
In his Forbes.com column, University of Chicago law professor Richard Epstein offers a simple proposal for reviving the economy: “Deregulation Now.” His proposals are…
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Regulation of the Day 96: Health Warnings on Cell Phones
These warning labels have nothing to do with letting people know that their phones can make them look like jackasses.
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Reforms Bode Ill for Tax-Free Health Accounts
Credit Union Times
Payment Card Networks Under Assault
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment