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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Townhall
Yowza: Federal Regulations Are Costing Americans Insane Amounts of Money
Townhall reports on Wayne Crews's study on the size and cost of federal government regulation. According to a new report released by the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the Federal Register passed the 25,000-page mark, new rules for the week ranged from fluorescent lamps to disaffected youth. On to the data: Last week, 65…
The Patriot Post
Regulations Are the Ties That Bind
The Patriot Post mentions Wayne Crews's annual report on the number of federal regulations. Just how many regulations are we talking about? As of…
Blog
The Proliferation of Federal Agency Guidance Documents
Recently we looked at some prominent recent examples of federal agency guidance—costly to-dos for the private sector. Today I wanted to say just a…
Investor's Business Daily
How Overregulation Is Killing The Economy
The Investor's Business Daily highlights Wayne Crews's annual Ten Thousand Commandments report on the costs of federal regulation. The Competitive Enterprise Institute publishes…
Blog
When Bureaus Attack: Recent Examples of Federal Regulation by “Guidance Document”
In the recent paper “Why Congress Must End Regulation by Guidance Document,” I described the rise of federal agency regulatory dark matter and…
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