President Trump signed two executive orders this week that will require federal agencies to go through a process of public input when issuing major guidance documents, and will force agencies to make useful guidance documents more openly available for the public. That process of issuing notice and soliciting public input is similar to what agencies are required to follow when issuing regulations.
“This is serious, real regulatory reform and the NAM has lobbied for changes like these for years,” the National Association of Manufacturers’ Vice President of Labor, Legal and Regulatory Policy Patrick Hedren said. “These two new executive orders make the world of agency guidance more transparent, and they give manufacturers a seat at the table when agencies begin to draft new guidance documents.”
Representing a federal agency’s current thinking on a topic, guidance documents can be issued faster than regulations and previously did not require a notice and comment period. While these documents are not meant to be legally binding, they often are the basis for regulatory enforcement decisions, and manufacturers tend to view them as binding from a practical perspective. The White House said guidance documents should be subject to the same level of public scrutiny because they can be just as impactful as regulations.
“Agency guidance is often crucial to help manufactures understand complex regulations and statutes,” Hedren said. “But at the same time this sub-regulatory ‘dark matter’ can create chaos for heavily regulated industries like ours when agencies try to use the guidance process to end-run important rulemaking protections like notice and comment.”
Since the executive orders go into effect immediately, agencies will now implement their responses to the orders.
A version of this news article appeared in The Input, the NAM’s members-only weekday morning newsletter for manufacturing executives.
Washington, D.C. – Ahead of the midterm elections, the National Association of Manufacturers released its policy roadmap, “Competing to Win,” a comprehensive blueprint featuring immediate solutions for bolstering manufacturers’ competitiveness. It is also a roadmap for policymakers on the laws and regulations needed to strengthen the manufacturing industry in the months and years ahead.
With the country facing rising prices, snarled supply chains and geopolitical turmoil, manufacturers are outlining an actionable competitiveness agenda that Americans across the political spectrum can support. “Competing to Win” includes the policies manufacturers in America will need in place to continue driving the country forward.
“‘Competing to Win’ offers a path for bringing our country together around policies, shared values and a unified purpose,” said NAM President and CEO Jay Timmons. “The NAM is putting forward a plan filled with ideas that policymakers could pursue immediately, including solutions to urgent problems, such as energy security, immigration reform, supply chain disruptions, the ongoing workforce shortage and more. Manufacturers have shown incredible resilience through difficult times, employing more workers now than before the pandemic, but continued resilience is not guaranteed without the policies that are critical to the state of manufacturing in America.”
The NAM and its members will leverage “Competing to Win” to shape policy debates ahead of the midterm elections, in the remainder of the 117th Congress and at the start of the 118th Congress—including in direct engagement with lawmakers, for grassroots activity, across traditional and digital media and through events in key states and districts as we did following the initial rollout of the roadmap in 2016.
The document focuses on 12 areas of action, and all policies are rooted in the values that have made America exceptional and keep manufacturing strong: free enterprise, competitiveness, individual liberty and equal opportunity.
Learn more about how manufacturers are leading and about the industry’s competitiveness agenda at nam.org/competing-to-win.
The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.77 trillion to the U.S. economy annually and accounts for 58% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org