Guidance Clarity Act

Key Points

• This bill requires federal agencies to put a clear disclaimer on the first page of any "guidance" documents they publish. Guidance documents are used by agencies to explain how they interpret laws, but they are often confused with actual laws that people must follow.
• The required statement must tell the public that the document does not have the "force and effect of law." This means the document itself cannot be used to legally bind or punish a person or business; it is only meant to provide helpful information about existing rules.
• This change aims to protect regular people and small businesses from being pressured by the government to follow unofficial rules. It ensures that everyone knows the difference between a suggestion from an agency and a law passed by Congress.
• Within 90 days of the bill becoming law, the Office of Management and Budget would create the specific instructions for agencies to follow. Agencies would then have to include this label on all new guidance documents they release to the public.

Impact Analysis

Govbase has not yet run an impact analysis on this legislation.