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
Free the Economy podcast: Kids, social media, and the First Amendment with Jessica Melugin
In this week’s episode we cover budget reconciliation and deficit spending, the burdens of Total Boomer Luxury Communism, and how to counteract…
Blog
Federal regulation 1st quarter 2026 report: Bureaucracy on the back foot
Here at the close of the first quarter of 2026, the March 31 Federal Register stands at 16,115 pages, containing 609 final rules and 416…
Blog
The week in regulations: Resettling refugees and sea otter casualties
TSA lines reached their longest-ever wait times, bolstering the case for privatizing airport security. President Trump’s signature will appear on US currency starting later this…
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Critics Hitting U.S. Insurance Regulator Bill Proposal
Property and Casualty Insurance News
Critics Hitting U.S. Insurance Regulator Bill Proposal
Op-Eds
Don’t Punish the Shareholders, Too
In justifying a change of policy on negotiating corporate penalties, the new chairman of the Securities and Exchange Commission, Mary Schapiro, stressed the…
Blog
Environmental Policies Kill – Again!
One of the main themes of my book, The Really Inconvenient Truths, is that misguided environmental policies often lead to humanitarian and environmental disaster.
Newsletter
Senate Stimulus, Geithner’s Banking Plan and a Florida Insurance Bailout
The Senate passes an $838 billion economic stimulus package. Treasury Secretary Timothy Geithner announces a new plan to revitalize troubled U.S. banks. Florida officials look…
Study
Let Credit Unions Lend More
Eli Lehrer makes the case for expanding credit union business lending, which would unlock otherwise idle capital and thereby help create jobs.
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