S 81119th CongressIntroduced

Guidance Clarity Act of 2025

Introduced: Jan 13, 2025

Sponsor: Sen. Lankford, James [R-OK] (R-Oklahoma)

Technology & Innovation

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Guidance Clarity Act of 2025 would require every federal agency to add a specific “guidance clarity statement” to certain non-legislative guidance documents. Specifically, for guidance issued under 5 U.S.C. 553(b)(3)(A) after a trigger date, agencies must display on the first page a statement clarifying that the guidance does not have the force of law and does not bind the public or the agency, and that its purpose is to clarify existing legal requirements or agency policies. The Office of Management and Budget (OMB) must issue implementing guidance within 90 days of the bill’s enactment. Overall, the bill aims to make guidance more transparent about its non-binding nature and the relation of guidance to actual law.

Key Points

1Applies to all agencies as defined in 5 U.S.C. 551; requires a guidance clarity statement on guidance issued under 5 U.S.C. 553(b)(3)(A) after a date determined by OMB guidance.
2The required statement must be on the first page and explicitly say the guidance has no force or binding power as law, and is intended only to clarify existing requirements under law or agency policies.
3The director of the Office of Management and Budget must issue implementing guidance within 90 days after enactment.
4The requirement activates 30 days after the OMB issues its implementing guidance, creating a clear effective date for when the rule applies.
5The bill does not change the substantive content of guidance; it changes how guidance is presented and understood by the public and regulated entities.

Impact Areas

Primary: Federal agencies that issue guidance under 5 U.S.C. 553(b)(3)(A) and their staff, who must include the clarity statement on applicable documents.Secondary: The general public and regulated entities (businesses, individuals, and organizations) who rely on agency guidance for understanding requirements; improved transparency about what is legally binding and what is guidance.Additional impacts: Potential administrative burden on agencies to modify templates and review processes for all qualifying guidance; possible effects on how agencies draft guidance and communicate with external stakeholders; potential legal or compliance implications if the clarity statement is misinterpreted or if guidance is relied upon as binding despite the stated non-binding nature.

Generated by gpt-5-nano on Oct 7, 2025