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
The week in regulations: Fresh produce guidance and naval weapon storage
Inflation remained above target for a 64th consecutive month. President Trump signed an executive order to revise vaccine recommendations. Agencies issued new regulations ranging…
Blog
The week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Search Posts
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…
Study
What’s the Difference between “Major,” “Significant,” and all those other Federal Rule Categories?
View Full Document as PDF Bureaucracy, rather than interaction with elected representatives, dominates the relationship of the individual to the government. The…
Federal Times
Report Calls for Drastic Workforce Cuts at Regulatory Agencies
Federal Times covers CEI’s publication Shrinking Government Bureaucracy. The non-profit Competitive Enterprise Institute is all about shrinking government. In a newly released report…
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