Agency Guidance Documents (E.O. 13891)

Summary

Requires federal agencies to make their guidance documents public and non-binding, ensuring new rules follow the proper law-making process.

What problem does this solve?

Federal agencies sometimes used informal guidance documents to create binding rules without public input. This order makes sure agencies only use the proper process for new rules and makes all guidance easy for the public to find.

What does this order do?

Creates public database for guidance

Requires every agency to create a single, searchable website that contains all of its guidance documents.

Requires public input for major guidance

Mandates a public notice and comment period of at least 30 days before an agency can issue a 'significant' guidance document.

Makes guidance non-binding

Forces agencies to include a clear statement in each guidance document that it does not have the force of law and does not bind the public.

Reviews and removes old guidance

Directs agencies to review all their existing guidance documents and cancel any that are no longer in effect.

Establishes high-level approval for major guidance

Requires that significant guidance documents be approved by the head of the agency or a presidentially appointed official before being issued.

Allows public to request changes

Requires agencies to set up a process for the public to petition for the withdrawal or modification of a guidance document.

Who does this affect?

Federal agencies
Businesses and regulated industries
General public

What is the real world impact?

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Increases transparency and public participation

Ensures the public has fair notice of agency rules and an opportunity to comment on significant new guidance. This prevents agencies from creating 'secret' laws through informal documents.

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Reduces regulatory burden

Makes it harder for agencies to create and enforce new rules by adding more steps, like public comment and high-level review. This could slow down the creation of new regulations on businesses and individuals.

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Centralizes executive power

Gives the White House's Office of Information and Regulatory Affairs (OIRA) the power to review and approve significant guidance from other agencies. This gives the President more direct control over the regulatory actions of the executive branch.

When does this start?

This order sets multiple deadlines for agencies that begin after the Office of Management and Budget (OMB) issues instructions.

Database creation and guidance review

Within 120 days of the OMB memo, agencies must create their public database and review and cancel old guidance.

Finalize new procedures

Within 300 days of the OMB memo, agencies must finalize new rules for how they will issue guidance documents in the future.

Report to director

Within 240 days of the OMB memo, agency heads must report to the OMB Director explaining why they are keeping certain guidance documents.