Quiero saber acerca de...

252

Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations
for Global Food-Security Programs;
Procurement Executive Bulletins PEBs;
Standard Provisions for the Protecting Life in Global Health Assistance PLGHA Policy; and documents in the USAID Policy Registry.
212.40.
212.27 Review and clearance by the Office of Management Policy, Budget, and Performance in the Bureau for Management.

All USAID guidance documents, as defined by E.O. 13891 and 212.26, require review and clearance in accordance with this subpart. The Bureau for Management M Bureau must review and clear any guidance a Bureau or Independent Office within USAID proposes to issue.

jbell on DSKJLSW7X2PROD with RULES

212.28

Requirements for clearance.

USAIDs review and clearance of guidance documents shall ensure that each one that a B/IO within the Agency proposes to issue satisfies the following requirements:
a The guidance document complies with all relevant statutes and regulations including any statutory deadlines for the Agencys action;
b The guidance document identifies or includes the following:
1 The term guidance or its functional equivalent;
2 The issuing B/IO within the Agency;
3 A unique identifier, including, at a minimum, the date of issuance and title of the document and a Regulation Identifier Number RIN, if applicable;
4 The activity or entities to which the guidance applies;
5 Citations to applicable statutes and regulations;
6 A statement that notes whether the guidance is intended to revise or replace any previously issued guidance and, if so, sufficient information to identify the previously issued guidance; and 7 A short summary at the top of the document of the subject matter covered in the guidance document.
c The guidance document avoids using mandatory language, such as shall, must, required, or requirement, unless the language is describing an established statutory or regulatory requirement, or is addressed to USAIDs staff and will not foreclose the Agencys consideration of positions advanced by affected private parties;
and d The guidance document is written in plain and understandable English.
All guidance documents should include a clear and prominent statement to declare that the contents of the document do not have the force and
VerDate Sep<11>2014

16:32 Jan 04, 2021

Jkt 253001

effect of law and are not meant to bind the public in any way, and the document is intended only to provide clarity to the public regarding existing requirements under the law or USAIDs policies.
212.29 Public access to effective guidance documents.

Each B/IO within USAID responsible for issuing guidance documents shall do the following:
a Ensure all effective guidance documents, identified by a unique identifier that includes, at a minimum, the documents title and date of issuance or revision and its RIN, if applicable, are on USAIDs guidance portal in a single, searchable, indexed database and are available to the public in accordance with 5 U.S.C. 552a2;
b Note on USAIDs guidance portal that guidance documents lack the force and effect of law, except as authorized by law and are not meant to bind the public in anyway;
c Maintain and advertise USAIDs guidance portal as a means for the public to comment electronically on any guidance documents that are subject to the notice-and-comment procedures described in 212.34 and to submit requests electronically for the issuance, reconsideration, modification, or rescission of guidance documents in accordance with 212.26; and d The Bureau for Management is the office designated to receive and address complaints from the public that USAID
is not following the requirements of OMBs Good Guidance Bulletin, or is improperly treating a guidance document as a binding requirement.
212.30

Good-faith cost estimates.

Even though not legally binding, some Agency guidance could result in a substantial economic impact. For example, the issuance of Agency guidance could induce private parties to alter their conduct to conform to recommended standards or practices, such that they could incur costs beyond the costs of complying with existing statutes and regulations. While it might be difficult to predict with precision the economic impact of voluntary guidance, to the extent practicable the proposing B/IO within USAID shall make a goodfaith effort to estimate the likely economic cost impact of the guidance document to determine whether it might qualify as significant. When a B/IO is assessing or explaining whether it believes a guidance document is significant, it should, at a minimum, provide the same level of analysis that would be required for a determination under the Congressional Review Act
PO 00000

Frm 00030

Fmt 4700

Sfmt 4700

M1914, Guidance on Compliance with the Congressional Review Act, that the guidance document is major. When USAID determines that a guidance document will be economically significant, the proposing B/IO should conduct and publish a regulatoryimpact analysis of the sort that would accompany an economically significant rulemaking, to the extent reasonably possible in conformance with E.O.
12866.
212.31 Approval procedures for guidance documents identified as significant or otherwise of importance to the Agencys interests.

a For guidance a USAID B/IO
proposes to issue, if there is a reasonable possibility a guidance document could be as significant or otherwise of importance to the Agencys interests within the meaning of 212.31, or if the B/IO is uncertain whether the guidance could qualify as such, the B/IO should email a copy of the proposed guidance document or a summary of it to the M Bureau for review and further direction before issuance.
b As with significant regulations, after appropriate internal consultation and review, the M Bureau will submit significant guidance documents that are otherwise of importance to the Agencys interests to the Office of Information and Regulatory Affairs OIRA within OMB for review and designation.
c If OMB/OIRA determines a guidance document from a USAID B/IO
not to be either significant or otherwise of importance to the Agencys interests within the meaning of 212.31, the Bureau for Management may proceed with issuance. For each guidance document coordinated through the Office of the Administrator, the issuing B/IO should include a statement in the Action Memorandum to indicate that the OMB/OIRA has reviewed and cleared the guidance document in accordance with this process.
212.32 Definitions of significant guidance document and guidance documents that are otherwise of importance to the Agencys interests.

a The term significant guidance document means a guidance document USAID will disseminate to regulated entities or the general public and that might reasonably be anticipated:
1 To lead to an annual effect on the U.S. economy of $100 million or more, or adversely affect in a material way the U.S. economy, a sector of the U.S.
economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

E:FRFM05JAR1.SGM

05JAR1