Prof. Rachel Potter Considers Executive Guidance for Brookings Blog

July 20, 2021

Assistant Professor Rachel Augustine Potter has a new post in the Brookings Institution's blog Series on Regulatory Process and Perspective, in which she considers the pros and cons of the White House's role in reviewing executive agency guidance documents. "Guidance" is a broad category of non-binding documentation produced by regulatory agencies within the federal government. The White House's Office of Information and Regulatory Affairs (OIRA) reviews all federal regulations drafted by executive agencies, and since the George W. Bush administration it has also reviewed some guidance documents, but its remit in this area is less well defined. Dr. Potter concludes that "having OIRA review guidance is a good thing" on balance, but the office should reduce its processing times in order to prevent lengthy delays in the promulgation of guidance.

Read the full post here.