Guidance Clarity Act
The Guidance Clarity Act would require every federal agency to add a prominent guidance clarity statement to certain non-binding guidance documents. Specifically, for guidance issued under the general guidance provision (the kind that does not have the force of law) after a future start date, agencies must display on the first page a statement explaining that the document does not have the force of law and is intended only to clarify existing requirements. The Act ties the start of this requirement to when the Director of the Office of Management and Budget (OMB) issues implementing guidance. The Director is also directed to issue implementing guidance within 90 days of enactment. In short, the bill aims to make clear to the public that non-binding guidance is informational and not legally binding, with a standardized disclaimer.
Key Points
- 1Applies to all federal agencies defined in 5 U.S.C. 551 and to guidance issued under 5 U.S.C. 553(b)(4)(A) after a specified start date.
- 2Requires a bold, prominent guidance clarity statement on the first page of the document.
- 3The statement must include: “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.”
- 4The start date is 30 days after the Director of the OMB issues the guidance required under subsection (c) of the Act.
- 5The Director of the OMB must issue implementing guidance within 90 days of enactment.