Promoting the Rule of Law Through Improved Agency Guidance Documents
Federal Agencies Ordered to Treat Guidance as Non-Binding, Transparent
What it does
Agencies must treat guidance as non-binding, publish it in searchable databases, review and rescind outdated guidance, and adopt procedures requiring public notice for significant guidance.
Real-world impact
- Requires agencies to publish all guidance in a single searchable online database.
- May result in rescinding outdated guidance that affected businesses and local governments.
- Introduces public comment and approval steps, delaying issuance of significant guidance.
Topics
Summary
This order requires federal agencies to treat guidance documents as non-binding and to make them publicly available. Agencies must create searchable online databases, review existing guidance, and rescind guidance that should no longer be in effect.
For significant guidance, agencies must adopt procedures including public notice and comment, senior approval, and review by the Office of Information and Regulatory Affairs. The goal is clearer rules and fairer process so people and businesses have better notice of their legal obligations.
Questions, answered
Ask questions about this executive order and its implications. Try:
- “What agencies are affected by this order?”
- “How does this order change existing policy?”
- “What are the practical implications of this order?”