Guidance Clarity Act
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This bill would require federal agencies to state that guidance documents do not have the force of law and only clarify existing policy.
What it does
This bill would require federal agencies to include a specific disclaimer on the first page of all guidance documents. This statement must clarify that the guidance does not carry the force and effect of law and is intended only to provide the public with clarity regarding existing agency policies or legal requirements.
Who is affected
This bill primarily affects federal agencies, which would be required to include specific disclaimer language on the first page of their guidance documents. Additionally, the bill affects members of the public who utilize these documents to understand existing legal requirements or agency policies.
Key provisions
- Mandatory legal status disclaimer. Federal agencies must include a statement on the first page of guidance documents clarifying that the material does not carry the force or effect of law.
- Clarification of document intent. Agencies are required to state that guidance documents are intended solely to provide the public with clarity regarding existing agency policies or legal requirements.
Fiscal impact
- H.R. 2409, Guidance Clarity Act of 2025· As ordered reported by the House Committee on Oversight and Government Reform on May 21, 2025
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
The bill clarifies the legal status of federal agency guidance documents by requiring a formal statement that such documents do not have the force and effect of law and are limited to explaining existing legal requirements or agency policies.
Stated purpose
The bill aims to ensure public transparency regarding the legal status of federal agency guidance by requiring a formal statement that such documents do not carry the force of law and are intended only to clarify existing requirements or policies.