Guidance

Incomprehensibility and the Law

The law needs not only to correct information asymmetries but comprehension asymmetries too.

Will FDA Guidance Hasten Testing for COVID-19?

In the face of a massive viral outbreak, a federal regulator issues unprecedented guidance on validating coronavirus testing.

Resolving Regulatory Confusion Over Medical Software

FDA clarifies enforcement priorities for medical device clinical decision support software.

Interpretive Rules in Practice

A new ACUS recommendation on interpretive rules largely aligns with a prior one on policy statements.

Making Guidance Available to the Public

ACUS recommends agencies take steps to make their guidance more accessible.

Prioritizing Accessibility and Clarity in Agency Actions

Scholars analyze ACUS recommendations addressing public access to guidance, ALJ hiring procedures, and interpretive rules.

China’s Central Government Seeks to Rein in Regulatory Documents

China’s State Council imposes new requirements to curb the abusive aspects of regulatory guidance documents.

Is the Fiduciary Rule Dead?

The fiduciary rule may still be enforceable because of the Labor Department’s failure to act.

CRA Resolutions Against Agency Guidance Are Meaningless

GAO is wrong to think that Congress can use the CRA to overturn agency guidance.

The Guidance Racket

Despite attacks from conservatives, guidance documents help agencies and regulated firms comply with the law.

How Agencies Should Use Waivers and Exemptions

ACUS report recommends best practices for federal agencies using prospective waivers and exemptions.

Regulating Marketable Permits

ACUS provides marketable permit recommendations to harness efficiency and maintain policy objectives.