The Guidance Clarity Act mandates that federal agencies prominently display a statement on all new guidance clarifying that the document explains existing law and does not create new legally binding requirements.
Eric Burlison
Representative
MO-7
The Guidance Clarity Act mandates that federal agencies must include a prominent "guidance clarity statement" on all new official guidance documents. This statement must explicitly inform the public that the guidance does not create new legally binding requirements. The purpose is to ensure that agency advice clearly explains existing laws and policies without asserting new legal authority.
Guidance Clarity Act Mandates Federal Agencies to Label Advice: 'Not Law, Just Explaining'
The Guidance Clarity Act is short and sweet, but it takes direct aim at the mountain of advice, instructions, and memos that federal agencies—think the IRS, EPA, or OSHA—put out every single day. Essentially, the bill forces agencies to clearly label their official advice so that no one mistakes it for an actual new law or regulation.
The Fine Print on the Fine Print
What’s the core change? It mandates that any new official advice, or “guidance,” released by a federal agency must include a clear, prominent statement right on the first page. This statement has to tell you two things: first, that the document "doesn't have the power of law and it doesn't force the public or the agency to do anything new on its own." Second, that the whole point of the document is "just to help explain what the existing laws or the agency's current policies already require." This requirement kicks in 30 days after the Office of Management and Budget (OMB) issues its own instructions to the agencies.
Why This Matters to Your Business and Your Life
If you’ve ever run a small business, worked in a regulated industry, or even just tried to figure out a complex tax form, you know that the sheer volume of agency guidance can be overwhelming. Sometimes, agencies issue advice that feels mandatory, even if it hasn't gone through the formal public notice-and-comment process required for actual regulations. This bill is designed to stop that confusion cold. For example, if the Department of Labor puts out a memo suggesting a new way to calculate overtime for remote workers, the new rule forces them to slap a disclaimer on it confirming that it’s just their interpretation, not a hard-and-fast rule you must follow.
The Administrative Speed Bump
While this sounds like a win for clarity, getting it implemented involves a few procedural steps. The bill gives the OMB Director 90 days to write the rulebook for all the other agencies on exactly how to implement this new labeling system. This means the actual change won't happen overnight. For the agencies themselves, this creates a new layer of administrative compliance. They now have to audit every piece of advice they issue to ensure it has the proper disclaimer, which could potentially slow down the process of communicating important, though non-binding, updates to the public. The benefit, however, is a much clearer line drawn between what is mandatory law and what is simply helpful (or sometimes not-so-helpful) advice.