CEI Leads Coalition Letter Urging Passage of Guidance Out of Darkness (GOOD) Act (H.R. 1515) and the Information Quality Assurance Act (IQAA) (H.R. 6329)
Dear Leader Thune and Senator Paul:
We write to urge the passage of the Guidance Out of Darkness (GOOD) Act (H.R. 1515) and the Information Quality Assurance Act (IQAA) (H.R. 6329)—bipartisan transparency measures that already passed the House of Representatives. These practical reforms build on a strong bipartisan tradition of transparency, such as the Providing Accountability Through Transparency Act of 2023.
Regulatory agencies issue more than 3,000 new rules annually but also rely extensively on policymaking that is much harder to track: guidance documents, interpretive rules, policy statements, memoranda, FAQs, circulars, and other sub-regulatory materials. In essence, “regulatory dark matter.” In past Congresses, the Senate succeeded in advancing efforts to shed light on these directives with broad bipartisan support, and so, too, should this Senate.
The big problem with sub-regulatory materials is that they shape policy outcomes and impose significant, often underappreciated burdens on businesses, states, and local governments without being subject to the notice-and-comment process required by the Administrative Procedure Act, as detailed by the Administrative Conference of the United States in its report, Federal Agency Guidance: An Institutional Perspective. The public has no opportunity to consider and comment on agency dark matter before it becomes policy.
The GOOD Act would help bring regulatory dark matter into public view by requiring a centralized, searchable online portal for such agency guidance documents. This commonsense reform would give the public, Congress, and regulated parties a more complete understanding of federal regulatory activity, just as the U.S. Code and the Code of Federal Regulations do for statutes and rules.
The IQAA would strengthen evidence-based policymaking, demystifying the process in a way that should appeal across partisan lines. The bill builds on the Information Quality Act of 2000 framework by reinforcing the directive that regulatory and guidance decisions be grounded in the best reasonably available data. Further, the bill promotes transparency by encouraging agencies to clearly document the data, models, assumptions, and methodologies underlying their actions and to make that information accessible to the public where practicable.
Just as importantly, the IQAA preserves and enhances opportunities for public engagement and correction. By enabling scrutiny of the evidence and challenges to data quality, this reform plan helps keep policymaking accountable and responsive. These principles both empower regulated entities to have a say and serve the broader public interest in bolstering sound, durable governance.
The 119th Congress has an opportunity to succeed in delivering reforms that make regulations more transparent and accountable to the American people. We urge the relevant committees and the full Senate to advance and pass these practical, bipartisan reforms.
Sincerely,
Clyde Wayne Crews Jr.
Fred L. Smith Jr. Fellow in Regulatory Studies
Competitive Enterprise Institute
Lisa B. Nelson
Chief Executive Officer
ALEC Action
Phil Kerpen
President
American Commitment
Brent Gardner
Chief Government Affairs Officer
Americans for Prosperity
Grover Norquist
President
Americans for Tax Reform
David McIntosh
President
Club for Growth
Ryan Ellis
President
Center for a Free Economy
Jeffrey Mazzella
President
Center for Individual Freedom
David M. Ozgo
Executive Director
Center for Transportation Advancement
Tom Schatz
President
Council for Citizens Against Government Waste
Gerard Scimeca
Chairman
Consumer Action for a Strong Economy
Tarren Bragdon
CEO
Foundation for Government Accountability
George Landrith
President
Frontiers of Freedom
Cameron Sholty
Executive Director
Heartland Impact
James Taylor
President
The Heartland Institute
Patrice Onwuka
Vice President for Economic Policy and Director of the Center for Economic Opportunity
Independent Women’s Voice
Andrew Langer
President
Institute for Liberty
Doug Wheeler
Director, George Gibbs Center for Economic Prosperity
The James Madison Institute
Charles Sauer
President
Market Institute
Brandon Arnold
Executive Vice President
National Taxpayers Union
Daniel J. Erspamer
CEO
Pelican Institute for Public Policy
Eric Ventimiglia
Executive Director
Pinpoint Policy Institute
Paul Gessing
President
Rio Grande Foundation
Patrick M. Brenner
President
Southwest Public Policy Institute
Karen Kerrigan
President & CEO
Small Business & Entrepreneurship Council
David Williams
President
Taxpayers Protection Alliance
Greg Sindelar
CEO
Texas Public Policy Foundation
Frank Lasee
President
Truth in Energy and Climate