Guidance, or more precisely the term regulatory guidance, is in play as a result of a number of actions that have taken place or about to take place.
Consider the following:
Administrative Conference of the United States
The path breaking report prepared by ACUS and its consideration by its governing body.
Department of Justice
The recent issuance of a directive by the Attorney General to DOJ employees on guidance.
Center for Regulatory Effectiveness
CRE issued a statement regarding the flux in the term guidance and received several important replies:
Impact on Congressional Review Act
To the extent guidance moves in the direction of becoming binding upon affected stakeholders, the reach of the CRA is increased.
Impact on Regulatory Policy
The flux surrounding the term guidance supports the need for a moratorium on any expansion of its use until the relevant issues are addressed.
N. B. One Half Century with Centralized Regulatory Review.