New Bill Requires Federal Agencies to Label Guidance Docs: 'This Isn't Law'

A straightforward piece of legislation, the Guidance Clarity Act, aims to clear up a common point of confusion regarding documents issued by federal agencies. It mandates that agencies include a specific disclaimer prominently on the first page of any new guidance documents. This 'guidance clarity statement' must explicitly say: "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 Office of Management and Budget (OMB) has 90 days post-enactment to issue its own guidance on how agencies should implement this, and agencies must start including the statement 30 days after OMB releases its instructions.

Just the Explainers, Not the Rulebook

So, what does this mean in practice when you're trying to navigate rules from agencies like the IRS, EPA, or Department of Labor? Any guidance document you consult – think FAQs, interpretation letters, or manuals explaining regulations – will have that statement upfront. It serves as a clear signal that the document itself isn't creating new legal obligations but is instead offering the agency's take on existing laws or policies. For instance, a small business owner reviewing OSHA guidance on safety protocols would see this disclaimer, reinforcing that the document explains the binding regulations rather than being a new regulation itself. The core idea is to boost transparency and prevent situations where individuals or businesses might mistakenly treat advisory materials as legally binding mandates, ensuring a clearer understanding of what's required versus what's simply informational.