Guidance Clarity Act of 2025
Sponsored By: Senator James Lankford
In Committee
Summary
Requires a uniform, prominent disclaimer so agency guidance is clearly shown as non‑binding. This bill would require federal agencies to display a standard guidance clarity statement on the first page of certain guidance documents so readers know the documents do not have the force of law.
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- Agencies would have to attach the required statement to guidance issued under 5 U.S.C. § 553(b)(4)(A). The statement must appear prominently on the first page and use the exact text required by the bill.
- Members of the public and regulated entities would get a consistent label that the guidance "does not have the force and effect of law" and is "intended only to provide clarity" about existing legal requirements.
- The Director of the Office of Management and Budget would have to issue implementation guidance within 90 days after enactment, and the agency statement requirement would begin 30 days after that OMB guidance is issued.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Agencies must label guidance non-binding
If enacted, this bill would require each executive agency to put a short clarity statement on the first page of covered guidance documents. The bill would require the exact text: "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." The Director of the Office of Management and Budget would have 90 days after enactment to issue implementing guidance. Agencies would need to use the statement on guidance issued 30 days after OMB issues that implementing guidance.
Sponsors & CoSponsors
Sponsor
James Lankford
OK • R
Cosponsors
Ron Johnson
WI • R
Sponsored 1/13/2025
Ashley Moody
FL • R
Sponsored 8/1/2025
Roll Call Votes
No roll call votes available for this bill.
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