PBGC and DOL Make Guidance Document Databases Available

Both the Pension Benefit Guaranty Corporation (PBGC) and the Department of Labor (DOL) have issued notices about the availability of guidance document databases.

On October 9, President Donald Trump issued Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” Central principles of the executive order are that the American public should only be subject to binding rules imposed through duly enacted statutes or through regulations that are lawfully promulgated and that Americans should have fair notice of any such obligations. Section 3 of the executive order requires each agency to establish on its website a single, searchable indexed database that contains, or links to, all the agency’s guidance documents and provides certain information about them.

The PBGC’s guidance document database is at www.pbgc.gov/guidance. The guidance document database contains links to PBGC guidance documents.

The DOL’s notice says it is undertaking a detailed and comprehensive review of guidance documents issued by its agencies to determine whether such guidance aligns with the law and administration policy and otherwise serves an appropriate and useful purpose. Guidance which is outdated, superseded, invalid, unhelpful, confusing, redundant, outside an agency’s appropriate role, or contrary to law or policy is being rescinded or modified.

Any documents still under review will be added to the website when those decisions have been finalized. Guidance documents that are not currently searchable through the search tool will continue to be available on the individual DOL agency websites. The DOL says it will continue to refine its website as needed to enhance user accessibility and usability.