Notice & Comment

Update on the Guidance EO

Following up on our blog’s extensive coverage of the Trump administration’s recent executive orders on agency use of guidance, two recent pieces round up agency compliance with EO 13891.

That EO (1) directs agencies to publicly catalog any existing guidance, with anything not in the catalog deemed rescinded, (2) directs agencies to promulgate rules about how they’ll issue guidance, and (3) requires–for certain guidance documents–review by the Office of Information and Regulatory Affairs (OIRA), public comment, and impact analyses.

OIRA previously issued guidance setting out deadlines for agency compliance with EO 13891, one of which recently passed. Laura Stanley, my colleague at the GW Regulatory Studies Center, offers her assessment of compliance with all three aspects of the EO to date.

Wayne Crews of the Competitive Enterprise Institute takes a deep dive into the documents that have been placed online, including his eye-popping calculation of 54,010 documents (so far).

Both pieces offer fresh information about how implementation is going in practice, and so I recommend them to anyone following these developments on guidance.

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