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Executive order on agency guidance documents

On October 9, 2019, the president issued an Executive Order on "Promoting the Rule of Law Through Improved Agency Guidance Documents." The Order declares that "it is the policy of the executive branch, to the extent consistent with applicable law, to require that agencies treat guidance documents as non-binding both in law and in practice, except as incorporated into a contract, take public input into account when appropriate in formulating guidance documents, and make guidance documents readily available to the public. Agencies may impose legally binding requirements on the public only through regulations and on parties on a case-by-case basis through adjudications, and only after appropriate process, except as authorized by law or as incorporated into a contract."

The Order also provides that each affected agency or agency component "shall establish or maintain on its website a single, searchable, indexed database that contains or links to all guidance documents in effect from such agency or component."

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