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This bill would require federal agencies to put a clear notice on certain guidance documents so the public understands that the document is not the same as a law. The notice would say that the guidance does not have the force of law, does not by itself bind people or the agency, and is only meant to help explain existing legal requirements or agency policies. The goal is to make agency guidance easier to understand and reduce confusion about whether it creates new rules.
- The notice must appear prominently on the first page of the guidance document.
- The requirement would apply to certain agency guidance issued after the new rules are in place.
- The Office of Management and Budget would have to issue instructions to carry out the law within 90 days after enactment.
- The new notice requirement would begin 30 days after those OMB instructions are issued.
Official Summaries
Guidance Clarity Act of 2025
This bill requires federal agencies to state on the first page of guidance documents that such guidance (1) does not have the force and effect of law, and (2) is intended only to provide clarity to the public about existing legal requirements or agency policies.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 81 Reported in Senate (RS)]
<DOC>
Calendar No. 250
119th CONGRESS
1st Session
S. 81
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2025
Mr. Lankford (for himself, Mr. Johnson, and Mrs. Moody) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
November 3, 2025
Reported by Mr. Paul, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Guidance Clarity Act of
2025''.</DELETED>
<DELETED>SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.</DELETED>
<DELETED> (a) Requirement.--Each agency, as defined in section 551
of title 5, United States Code, shall include a guidance clarity
statement as described in subsection (b) on any guidance issued by that
agency under section 553(b)(3)(A) of title 5, United States Code, on
and after the date that is 30 days after the date on which the Director
of the Office of Management and Budget issues the guidance required
under subsection (c).</DELETED>
<DELETED> (b) Guidance Clarity Statement.--A guidance clarity
statement required under subsection (a) shall--</DELETED>
<DELETED> (1) be displayed prominently on the first page of
the document; and</DELETED>
<DELETED> (2) include the following: ``The contents of this
document do not have the force and effect of law and do not, of
themselves, bind the public or the agency. This document is
intended only to provide clarity to the public regarding
existing requirements under the law or agency
policies.''.</DELETED>
<DELETED> (c) OMB Guidance.--Not later than 90 days after the date
of enactment of this Act, the Director of the Office of Management and
Budget shall issue guidance to implement this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guidance Clarity Act of 2025''.
SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.
(a) Requirement.--Each agency, as defined in section 551 of title
5, United States Code, shall include a guidance clarity statement as
described in subsection (b) on any guidance issued by that agency under
section 553(b)(4)(A) of title 5, United States Code, on and after the
date that is 30 days after the date on which the Director of the Office
of Management and Budget issues the guidance required under subsection
(c).
(b) Guidance Clarity Statement.--A guidance clarity statement
required under subsection (a) shall--
(1) be displayed prominently on the first page of the
document; and
(2) include the following: ``The contents of this document
do not have the force and effect of law and do not, of
themselves, bind the public or the agency. This document is
intended only to provide clarity to the public regarding
existing requirements under the law or agency policies.''.
(c) OMB Guidance.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall issue guidance to implement this Act.
Calendar No. 250
119th CONGRESS
1st Session
S. 81
_______________________________________________________________________
A BILL
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
_______________________________________________________________________
November 3, 2025
Reported with an amendment