Regulatory Dark Matter Unveiled with Introduction of GOOD Act Legislation
The Guidance Out of Darkness (GOOD) Act, a bipartisan transparency reform, is gaining traction in the political sphere. This legislation, strongly supported by the Competitive Enterprise Institute, aims to bring transparency to the often hidden layer of policy known as 'regulatory dark matter.'
The GOOD Act reflects the principle that Americans deserve to know what rules and rule equivalents are being imposed on them. If passed, it could make it easier for Congress, the public, and regulated businesses to better understand federal agencies' activities and expectations.
The bill, if enacted, could be the beginning of a revolution in transparency. It could illuminate regulatory dark matter, a hidden layer of policy that drives federal intervention in the economy. This illumination could ensure that Americans won't be in the dark about rules and directives that are applied to them, regardless of who occupies the White House.
The GOOD Act requires agencies to publish their guidance documents online in a single, easily accessible location. This would make it simpler for the public to access and understand the regulations that govern their lives and businesses.
The Senate Homeland Security and Governmental Affairs Committee is expected to mark up the GOOD Act. Matthew Adams and the author have sent a letter to the committee urging them to advance the bill. The committee's action could help permanently institutionalize transparency over regulatory dark matter.
It's important to note that while the GOOD Act could be a significant step in addressing the issue of regulatory dark matter, stronger reforms may be needed to prevent future administrations from governing by guidance, even if the GOOD Act is passed.
Various articles have discussed the issue of regulatory dark matter, including 'A Banger Trump Executive Order Abolishing Regulatory Dark Matter,' 'Darklore Depository: A Halloween Inventory Of Federal Agency Guidance Documents,' 'An Emergency Law to Extinguish Regulatory Dark Matter,' 'The 'Guidance Out Of Darkness Act' Is The Low-Hanging Fruit Of Regulatory Reform,' and 'Trump/DOGE: To End The Rule Of Flaw, Tackle Regulatory Dark Matter.'
In 2023, a letter was written to the House Oversight committee supporting the GOOD Act in the 118th Congress. The director of the White House Office of Management and Budget mentioned in the GOOD Act is Russell Vought.
Federal agencies issue numerous guidance documents each year outside the notice-and-comment process required under the Administrative Procedure Act. The GOOD Act, if passed, could be a beginning step in addressing this issue and promoting transparency in government.
As the Senate Homeland Security and Governmental Affairs Committee moves forward with the GOOD Act, the potential for increased transparency and accountability in government regulations is promising. The illumination of regulatory dark matter could pave the way for future, more ambitious reforms.
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