Promoting the Rule of Law Through Improved Agency Guidance Documents

Executive Order 2019-22623
Signed on October 10, 2019
45th Presidency

What it means

Requires federal agencies to publish all guidance documents online in a searchable database, ensuring transparency. Agencies must clarify that guidance documents aren't legally binding unless authorized by law or incorporated into contracts. Significant guidance documents must undergo public comment periods and higher-level approvals.

Expected impact

  • Increased transparency in how agencies regulate, as they must now centralize and publish all guidance documents
  • Reduced regulatory burden as agencies must review and potentially rescind outdated guidance
  • More public participation in the regulatory process through new comment periods
  • Potential slowdown in agencies issuing new guidance due to additional procedural requirements
  • Greater clarity for businesses and individuals about which agency documents actually have the force of law