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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Search Posts
Reason
How Congress Can Use an Obscure Law From the 1880s to Limit Wasteful Government Contracts
Reason covers the release of Bureaucratic Dark Matter by Robert J. Hanrahan Jr. When the U.S. Army got caught spending $76 million on video games, recruitment…
News Release
Video: Regulatory Dark Matter: A hidden tax on consumers and businesses
Learn more about this hidden tax on consumers and businesses, with no Congressional oversight.
The Daily Caller
Report: Fed Bureaucracies Commit Thousands Of Felonies Every Day
The Daily Caller covers the release of Bureacratic Dark Energy by Robert J. Hanrahan, Jr. Bureaucracies have successfully evaded congressional budget oversight for…
News Release
Bureaucratic Dark Energy Grows Government Illegally
Bureaucratic Dark Energy is a paper released today from the Competitive Enterprise Institute revealing a growing concern over the federal government’s use of thousands…
Study
Bureaucratic Dark Energy
View Full Document as PDF There are thousands of felonies committed every day in Washington, D.C. Not in the places one might…
The Washington Times
Banishing Regulatory ‘Dark Matter’
Turns out there aren’t just too many regulations, but too many different kinds of them to track. Congress has stalled out on passing regulatory reform…
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