On October 9, 2019, President Trump signed Executive Order 13891, which fundamentally altered how federal agencies could issue guidance documents to the public and regulated industries. The order required agencies to treat guidance documents as explicitly non-binding, distinguish them clearly from binding rules, and submit them to Office of Management and Budget review before issuance. While the order did not eliminate existing guidance documents already in circulation, it established new procedural barriers for agencies seeking to communicate regulatory expectations and standards to citizens and businesses.
The practical effect of this order fell on federal agencies, regulated businesses, and ordinary Americans seeking clarity on compliance with federal law. Agencies found their ability to provide timely, detailed guidance constrained by additional review requirements, while regulated entities and individuals navigating complex federal programs faced greater ambiguity about what agencies actually expected. Citizens attempting to understand their rights and obligations under federal regulations encountered less authoritative agency guidance, creating confusion about legal compliance and enforcement.
Executive Order 13891 represents an early manifestation of Trump administration efforts to constrain the administrative state's power to communicate and enforce regulatory expectations. This order presaged later, more aggressive actions undermining democratic institutions and rule of law, including the 2026 executive order restricting voter eligibility verification and citizenship requirements that directly impact electoral access. The pattern reveals a strategic approach to weakening agency authority and public transparency regarding federal obligations, leaving citizens less informed about their rights while simultaneously constraining agencies' ability to explain regulatory requirements.
The order was reversed by the Biden administration, which restored agencies' traditional authority to issue guidance documents through their established processes. However, the Trump administration's return to office and subsequent executive actions restricting voter access and election administration suggest renewed efforts to constrain agency communication and regulatory clarity.
Executive Order 13891: Agency Guidance Documents and Rule of Law
🗳️ Democracy · First Term (2017–2021) · 🤖 AI-categorized
President Trump signed Executive Order 13891 on October 9, 2019, establishing new requirements for federal agencies issuing guidance documents. The order requires agencies to treat guidance documents as non-binding, distinguish them clearly from rules, and submit them to Office of Management and Budget review. The order affects how federal agencies communicate regulatory expectations to the public and regulated entities, changing the process by which guidance is issued but not eliminating existing guidance documents.