[20210419]LSB10591_机构使用指导文件.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Agency Use of Guidance Documents April 19, 2021 Agencies often issue statements that, unlike legislative rules, do not carry the force of law. These statements include interpretative rules, which advise the public of an agencys interpretation of the statutes and regulations it administers; and general statements of policy, which advise the public about an agencys intended use of its discretionary authority. Interpretive rules and policy statements are collectively known as “guidance documents.” Although guidance is a common tool for agencies to advise the public, critics have argued that it allows agencies to bind the regulated public without adequate accountability. Additionally, courts have struggled with maintaining a consistent framework to apply in reviewing guidance. This Sidebar provides a brief overview of guidance documents, and discusses recent efforts by presidential administrations and Congress to reform how agencies issue guidance. What Is a Guidance Document? Guidance comprises two categories of documents identified in the Administrative Procedure Act (APA): interpretative