White House 'Guidance' to Burden Agencies, Delay Information

A White House proposal will hinder federal agency efforts to provide important information to the public by opening guidance documents to politicization and industry influence, according to comments filed by Citizens for Sensible Safeguards.

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Comments on OMB's Proposed Bulletin on "Good Guidance Practices"

Download comments filed by Citizens for Sensible Safeguards

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White House 'Good Guidance' Proposal Threatens Agencies, Vital Public Information

Washington--January 9, 2005--A recent White House proposal threatens federal agency efforts to provide important information to the public and stakeholders, by opening guidance documents to politicization and industry influence, a coalition of public interest groups told the White House today.

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An Unacceptable Power Grab

The Proposed Bulletin represents an unacceptable power grab by the White House. The principles and traditions of the American political order abhor the excessive centralization of authority that OMB would win with the Proposed Bulletin, which contravenes Congress’s role in delegating responsibility and discretion to the agencies and assumes the right to amend the Administrative Procedure Act by executive fiat.

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Making the Government Less Effective

OMB claims that it seeks to make agency guidance practices “more transparent, consistent, and accountable,” but the Proposed Bulletin fails to serve those goals and is, instead, a roadmap for government that is less responsive to the public’s needs.

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A Solution in Search of a Problem

OMB claims that agencies are using general policy statements, handbooks, manuals, compliance guides, nonlegislative rules, and other informal matter as a vehicle for policy edicts that should go through the APA’s notice-and-comment rulemaking process. Instead of addressing what could be the underlying causes of resorting to subterfuge rulemaking, OMB throws the baby out with the bathwater by adding new burdens to the production of information that the public needs.

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Deadline Extension for Comments

Download OMB's notice extending the deadline for comments from 12/23 to 1/9.Download OMB's notice extending the deadline for comments from 12/23 to 1/9.

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White House Asserts Authority Over Agency Guidance Documents

The White House released a draft bulletin on the day before Thanksgiving that establishes new guidelines for non-rulemaking agency guidance documents.

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