Further Amendment to Executive Order 12866 on Regulatory Planning and Review
Headline: Agencies Must Notify Regulatory Review Office About Significant Guidance
What it does: Agencies must notify the regulatory review office in advance about significant guidance and ensure a designated Regulatory Policy Officer oversees compliance.
- Creates new review and notification requirements for agency guidance documents.
- May require agencies to use formal rulemaking for complex determinations.
- Agencies must designate a Regulatory Policy Officer to manage compliance.
Summary
This order amends Executive Order 12866 to expand review to include agency guidance documents, and to define "guidance document" and "significant guidance document." It adds guidance documents to planning and review language throughout the order.
Agencies must give advance notification to OIRA (the Office of Information and Regulatory Affairs) about significant guidance, and provide draft content and explanations when requested. Agencies must also designate a Regulatory Policy Officer to ensure compliance and consider formal rulemaking for complex matters.
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