Letter to Joseph R. Biden, President of the United States - Sens. Cramer, Johnson, Colleagues Question President Biden Removing Transparency Measures for Agency Guidance Documents

Letter

Dear Mr. President:
On January 20, 2021, you announced that certain executive orders related to Federal
regulations would be revoked, including Executive Order 13891, Promoting the Rule of Law
Through Improved Agency Guidance Documents.1
Executive Order 13891 required Federal
agencies to publish and make available on a searchable database their guidance documents,
which explain how an agency will interpret and apply its regulations.2
Without explanation, you
described this executive order as one of the "harmful policies and directives that threaten to
frustrate the Federal Government's ability to confront [the coronavirus disease 2019 (COVID19) pandemic, economic recovery, racial justice, and climate change]," and you claimed--again
without explanation--that its revocation was necessary to provide Federal agencies the
"flexibility to use robust regulatory action to address national priorities."3
These claims
completely ignore the strong bipartisan support for and sound policy reflected in Executive
Order 13891.
As an initial matter, Executive Order 13891 was modeled on bipartisan legislation, the
Guidance Out Of Darkness Act, or the GOOD Act.4
The GOOD Act was approved by voice
vote by the Senate Committee on Homeland Security and Governmental Affairs each of the last
two Congresses.5
In fact, Vice President Kamala Harris, who then served as a member of the
Committee, voted for the legislation.6
The House of Representatives also passed the companion
bill by voice vote in 2018.7
The revocation of an executive order with such widespread and long-standing bipartisan support--including the support of Vice President Harris--seems
inconsistent with your stated desire for compromise and to "reach across the aisle, and work
together."8

Your revocation of Executive Order 13891 is also contrary to sound policy. The purpose
of the executive order and the GOOD Act is to promote transparency and ensure that Americans
affected by Federal agency guidance know what those guidance documents are so they can more
easily comply with them. This policy addresses real problems with the growing administrative
state that affect both everyday Americans and other regulated entities, like states and local
governments.9
It is only fair that people, businesses and local governments know what is
required of them. Transparency will not undermine the fight against "[COVID-19], economic
recovery, racial justice, and climate change," and it is simply wrong to believe that Americans
are better off not knowing which and how Federal rules and regulations apply to them.
Far from being "harmful," this simple and straightforward bipartisan policy strengthens
our country's ability to confront problems by increasing awareness, efficiency, and
accountability. For these reasons, we respectfully urge you to reconsider your revocation of
Executive Order 13891, and we urge your support for enacting the GOOD Act into law this
Congress.

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