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Over the past decade or so, increasing attention has been paid to agency guidance, the role it serves, and whether it has begun to supplant legally binding regulation as a governing tool. To place more parameters around its use, President Trump issued Executive Order 13891. President Biden rescinded that order upon taking office, and agencies are in the process of unwinding actions taken to implement the order.

In this episode, experts conduct a lively discussion of agency guidance – what it is, how and why it is issued, pros and cons of current guidance practices, thoughts on reforms in E.O. 13891, and the potential future of guidance reform.


  • Bridget Dooling, Research Professor, George Washington University Regulatory Studies Center
  • Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center
  • Paul Ray, Senior Advisor, Patomak Global Partners
  • [Moderator] Daniel FloresSenior Counsel, Committee on Oversight and Reform, U.S. House of Representatives

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