The Fragile State of the Term “Guidance”

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.


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