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: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
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The Hill
White House Admits it’s Late Again in Releasing Regulatory Report
The Hill reports on how Wayne Crews called out the White House Office of Management and Budget about it's late report on regulations. …
Blog
This Week in Ridiculous Regulations
Federal regulators enjoyed a short work week due to Columbus Day, but still published more than 1,300 Federal Register pages with new regulations ranging from…
Blog
White House Stalling Regulation Report Until after Election?
Today, Monday, October 17th, marks the latest that the White House Office of Management and Budget (OMB) has ever been with its annual draft Report…
The Hill
Group claims White House delaying regs report until after election
The Hill reports on Wayne Crews's blog post on the late White House Office of Management and Budget's report on regulations. In a…
Wall Street Journal
The Regulatory State May Have Met Its Match in Idaho
The Wall Street Journal highlights Wayne Crews's annual report on the size and cost of federal regulations. The problem in Washington, D.C., is…
Washington Examiner
Obama’s regs cost you a MacBook Pro every year
Washington Examiner discusses Wayne Crews's anaylsis on the Obama administration's record setting rule-making pace. With less than 100 days left in his presidency, the…
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