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President Trump has 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. In other words, bureaucratic agencies commonly compel businesses or fine them for non –compliance to agency whims that are not a matter of law.

Competitive Enterprise Institute Vice President for Policy Wayne Crews has long advocated executive action aimed at curtailing the use of “Regulatory Dark Matter” or guidance documents. 

The White House has announced President Trump will sign 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. CEI Vice President for Policy Wayne Crews has long advocated executive action aimed at curtailing the use of “Regulatory Dark Matter” or guidance documents. 

CEI President Kent Lassman said:

“Progress was made today. The President makes clear through executive orders that undemocratic, unresponsive, and unaccountable agency action is on a path to extinction. More work is required to reestablish a proper separation of powers and limits on administrative authority however the executive orders on guidance, regulatory dark matter, and transparency are a necessary disinfectant to a diseased regulatory state.”

CEI Senior Fellow Ryan Young said:

“Restoring a healthier separation of powers requires effort from all three branches. Hopefully today’s Executive Order will jump-start that needed process. Congress now needs to strengthen transparency and other protections against agency abuses with legislation, which is more permanent than an Executive Order.