[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Notices]
[Page 12805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04458]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6204-N-01]


Executive Order 13891 Promoting the Rule of Law Through Improved 
Agency Guidance Documents: Announcing the Availability of the HUD 
Guidance Portal

AGENCY: Office of General Counsel, HUD.

ACTION: Notice.

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SUMMARY: On October 9, 2019, the President issued Executive Order 
(E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency 
Guidance Documents.'' Among other things, Section 3 of the E.O. 
requires agencies to provide a single online guidance portal for the 
public to access all effective guidance. In addition, Office of 
Management and Budget Memorandum M-20-02 dated October 31, 2019, 
advises that agencies should announce the existence of the guidance 
portal by Federal Register notice. Consistent with this guidance, 
today's notice advises the public that HUD has comprehensively reviewed 
its guidance documents, determined which have continued effect, and is 
making them available on https://www.hud.gov/guidance.

FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Acting Associate 
General Counsel, Office of Legislation and Regulation, Office of 
General Counsel, Department of Housing and Urban Development, 451 7th 
Street SW, Room 10282, Washington, DC 20410; telephone number 202-708-
1793 (not a toll-free number). Individuals with hearing or speech 
impediments may access this number via TTY by calling the Federal Relay 
Service (FedRelay) during working hours at 800-877-8339 (a toll-free 
number).

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 9, 2019 (84 FR 55235), the President issued Executive 
Order 13891, ``Promoting the Rule of Law Through Improved Agency 
Guidance Documents.'' The E.O. reaffirms the principle that, consistent 
with applicable law and except as incorporated into a contract, Federal 
agencies treat guidance documents as non-binding both in law and 
practice. To further the principle that agency guidance should be 
transparent and made readily available to the public, section 3 of the 
E.O. requires that agencies make available guidance documents on a 
single, searchable, indexed public website. Section 3 also requires 
that agencies review their guidance documents and, consistent with 
applicable law, rescind those guidance documents that should no longer 
be in effect.

II. Online Guidance Portal

    Consistent with E.O. 13891, HUD conducted a comprehensive review of 
its guidance documents to identify those that remain in effect. HUD's 
review also ensured that all guidance documents are linked to a single 
website, that the website could be searched, and that the documents 
linked continued to be effective. As a result of these efforts, HUD is 
announcing that it has launched a single searchable, indexed database 
containing or linking all HUD guidance documents. HUD's website is: 
http://www.hud.gov/guidance. HUD's website contains guidance documents 
issued by all of HUD's program offices and provides links that will 
allow members of the public to access all HUD's guidance documents in 
effect. In furtherance of E.O. 13891's goal of increasing transparency 
and availability of guidance documents, HUD will continue to work to 
refine this site in order to archive documents as they are found to be 
no longer in effect.
    HUD's website states that the contents of HUD's guidance documents, 
except when based on statutory or regulatory authority or law, do not 
have the force and effect of law and are not meant to bind the public 
in any way.

    Dated: February 28, 2020.
J. Paul Compton, Jr.,
General Counsel.
[FR Doc. 2020-04458 Filed 3-3-20; 8:45 am]
 BILLING CODE 4210-67-P