28 C.F.R. § 813.2

Current through September 30, 2021
Section 813.2 - Guidance management process for CSOSA

All CSOSA guidance documents, as defined in § 813.1, require review and clearance in accordance with this section. CSOSA's guidance documents are created through the Office of Policy Analysis (OPA), and come in two primary forms, policy statements and procedures (also known as operating instructions). This section sets forth the process for review and clearance for each.

(a) Policy statements are:
(1) Prepared by CSOSA components and issued under the Director's signature;
(2) Remain in effect and active until rescinded, amended, or superseded;
(3) Are reviewed by all CSOSA Associate Directors or their designees;
(4) Are prepared using a standard format provided by the Office of Policy Analysis (OPA);
(5) Are developed and maintained using a four-stage process that includes planning, development, review, and maintenance, each stage taking place within specified timeframes; and
(6) Are reviewed and re-certified biennially.
(b) Procedures are:
(1) Coordinated through OPA;
(2) Evaluated to prevent the issuance of duplicative or conflicting procedures;
(3) Tied to a policy statement;
(4) Developed in a collaborative process that addresses all relevant stakeholders' input;
(5) Organized so that critical information is readily accessible and staff know how and where to find any related information; and
(6) Maintained in an archive system to ensure future decision-makers have adequate information regarding the basis for previous procedure determinations.
(c) The CSOSA Director, or his/her designee, may waive or truncate the internal policy development process where good cause exists, for example where Congress or the executive branch mandates changes.
(d) CSOSA will notify OMB's Office of Information and Regulatory Affairs (OIRA) regularly of upcoming guidance documents. Notification will include a list of planned guidance documents, including summaries of each guidance document and the agency's recommended designation of "not significant" or "significant" as defined in § 813.7.
(e) CSOSA will seek significance determinations for guidance documents from OIRA. Where CSOSA preliminarily finds the guidance document to be significant, prior to publishing, CSOSA will provide the document to OIRA for review to determine if it meets the definition of "significant" under E.O. 13891.

28 C.F.R. § 813.2

85 FR 29865, May 19, 2020