FR 2020-26352

The U.S. Agency for International Development (USAID) has introduced a final rule to implement Executive Order 13891, aimed at improving the transparency and clarity of guidance documents issued by federal agencies. The rule identifies procedures for USAID to establish and issue these guidance documents, ensuring they are non-binding and easily accessible to the public. This action stems from the broader effort to align agency operations with federal guidelines while providing public opportunities to review and comment on such documents.

General Overview

The document outlines USAID's approach to developing and issuing guidance documents, in line with Executive Order 13891's directive to promote clarity and transparency in agency guidance. It specifies that, rather than creating binding obligations, these documents should clearly articulate USAID's interpretations and policies regarding existing laws and regulations. Furthermore, the documents will be made available on a public portal, allowing for public review and feedback, which is intended to enhance engagement and transparency.

Significant Issues and Concerns

While the rule provides a detailed framework for the issuance of guidance, its complexity presents potential challenges. The language used is often legalistic and may not be readily accessible to individuals without legal expertise or familiarity with regulatory jargon. This could lead to misunderstandings about the nature and implications of the guidance documents.

There is also a potential for confusion regarding the enforceability of guidance documents. While they are not legally binding, the detailed procedures could give the impression that they carry more weight than intended, which might mislead stakeholders about their obligations.

Broad Public Impact

For the general public, this rule supports greater transparency in how USAID communicates its policies and interpretations of laws and regulations. By advocating for the inclusion of public commentary and review, USAID is expected to enhance accountability and ensure that its guidance is informed by public input.

However, the complexity and bureaucratic nature of the processes might diminish efficiency and responsiveness, which could impact how quickly guidance is developed and distributed. The public's understanding of their role in these procedures might also be limited due to a lack of clear, accessible education on how to participate in these processes.

Impact on Specific Stakeholders

For stakeholders, especially those regularly interacting with USAID's policies—such as contractors, grantees, and development partners—this rule provides clearer insight into the agency's expectations and processes. The ability to review and comment on draft guidance documents is a noteworthy opportunity for these stakeholders to influence agency policy.

On the downside, the requirement for internal reviews and clearances could delay the issuance of new guidance, potentially impacting stakeholders who rely on timely updates for compliance and planning purposes. The procedural emphasis ensures that while the guidance may not be legally binding, it carries significant weight in steering actions and decisions within regulated sectors.

Ultimately, while the rule prioritizes clarity and public engagement, it must also balance complexity and efficiency, ensuring that the procedural robustness does not stifle timely and effective communication of guidance.

In this Federal Register document concerning the procedures for the review and clearance of USAID's guidance documents, financial considerations are addressed in the context of the term "significant guidance document."

Financial Summary

The document mentions a specific threshold regarding the financial impact of guidance documents. It describes a significant guidance document as one that could have an annual effect on the U.S. economy of $100 million or more. This represents a substantial financial benchmark, indicating guidance documents significantly impacting the economy might alter economic sectors, productivity, competition, jobs, and public health or safety. Such documents might also materially change the budgetary impact of entitlements, grants, user fees, or loan programs or affect the rights and obligations of their recipients.

Financial References and Issues

There is no specific mention of appropriations, allocations, or spending beyond the potential economic impacts tied to significant guidance documents. The monetary threshold serves as a guideline to assess whether a guidance document might be economically significant.

This financial reference relates to the identified issues by highlighting potential impacts but lacks detailed examples of real-world scenarios where financial guidelines would be applied. The document does not provide clarity on the exact procedures USAID will follow to address or calculate these financial impacts, leaving potential confusion about how the financial significance of a guidance document is practically determined.

Furthermore, the document emphasizes that guidance documents do not create legally binding requirements, which may lead to confusion about the enforceability of financially significant documents. The lack of explicit cost assessments or potential impacts means stakeholders may find it challenging to understand the practical financial implications of stated guidelines without supplementary examples or clarifications.

Overall, while there is a clear indication that financial impacts are a consideration in designating guidance documents as significant, the document does not offer sufficient detail about how these financial evaluations are conducted or what they entail in terms of potential regulatory changes or economic impacts.