Guidance Clarity Act

This bill would make federal agencies put a clear notice on their guidance documents that says the guidance is not law and does not, by itself, bind the public or the agency. The notice also says the guidance is only meant to clarify existing legal or policy requirements. This aims to reduce confusion so people know the difference between actual rules and explanatory materials they might see on an agency website or memo.

Key points:

• Who is affected: All federal agencies that issue guidance; anyone who reads or follows that guidance (like businesses, nonprofits, and the public).
• What changes: Every covered guidance document must prominently display a standard “guidance clarity statement” on its first page, stating it doesn’t have the force and effect of law and only explains existing requirements.
• When: The Office of Management and Budget must issue implementation guidance within 90 days of enactment; agencies must start adding the statement 30 days after that.