Bill Details

S.81 - 119th Congress

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Status
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. To President
  5. Law
Latest action
2025-11-03 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 250.
Introduced Date
2025-01-13
Policy Area
Government Operations and Politics
9
0

AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

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