New Executive Orders to Protect Against Back-Door Regulation

On Oct. 9, the president signed two executive orders (EO) that would make it more difficult for federal agencies to regulate through guidance and policy documents that are not otherwise subject to public comment or notice requirements under law. The first EO would require: (1) federal agencies to establish procedures for the public to petition for withdrawal or modification of guidance documents; (2) a public and comment period for significant guidance documents (having an annual effect on the economy of $100 million or more in costs); and (3) agencies establish a public, searchable website with their guidance documents, with those not appearing on the site effectively being rescinded. The second EO would help protect against secret or unlawful agency interpretations of regulations or unfair or unexpected penalties. AGC has long supported efforts to bring more transparency and opportunity for public comment on the oftentimes opaque agency process of issuing guidance documents that can have the practical impact of regulation on the construction industry. 

For more information, please contact Jimmy Christianson at christiansonj@agc.org.