Guidance Clarity Act of 2025
Sponsored By: Representative Burlison, Eric [R-MO-7]
In Committee
Summary
Clarify that agency guidance is not legally binding. This bill would require federal agencies to put a clear, on-page notice on guidance documents saying the guidance does not have the force of law and only explains existing law or agency policy.
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- Agencies: Every federal agency defined in section 551 of title 5 would have to display an exact guidance clarity statement prominently on the first page of guidance. The required text reads: "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."
- Public and regulated parties: People and businesses would see a clear label that guidance is nonbinding. This aims to reduce confusion about whether guidance creates new legal duties.
- Office of Management and Budget: The Director of the Office of Management and Budget would need to issue implementing instructions within 90 days of enactment. Agencies must apply the required statement to guidance issued 30 days after the Director issues that implementing guidance.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Agencies must add nonbinding guidance statement
This bill would require every federal agency that issues certain administrative guidance to put a clear statement on the first page. The Office of Management and Budget would have to issue implementing guidance within 90 days after enactment. Agencies would have to include the statement on any guidance issued 30 days after OMB issues its guidance. The statement would have to read exactly: "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."
Sponsors & CoSponsors
Sponsor
Burlison, Eric [R-MO-7]
MO • R
Cosponsors
Rep. Golden, Jared F. [D-ME-2]
ME • D
Sponsored 3/27/2025
Davis (NC)
NC • D
Sponsored 3/27/2025
Rep. Comer, James [R-KY-1]
KY • R
Sponsored 3/27/2025
Rep. Gill, Brandon [R-TX-26]
TX • R
Sponsored 4/1/2025
Rep. Fallon, Pat [R-TX-4]
TX • R
Sponsored 1/30/2026
Rep. Donalds, Byron [R-FL-19]
FL • R
Sponsored 1/30/2026
Rep. Stefanik, Elise M. [R-NY-21]
NY • R
Sponsored 2/4/2026
Roll Call Votes
No roll call votes available for this bill.
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