S.81 - Guidance Clarity Act of 2025 (119th Congress)
Summary
The Guidance Clarity Act of 2025 aims to increase transparency regarding agency guidance documents. It mandates that agencies include a 'guidance clarity statement' on certain guidance, clarifying that these documents do not have the force of law and are intended only to provide clarity on existing requirements. The Office of Management and Budget (OMB) is tasked with issuing guidance to implement the Act within 90 days of its enactment.
Expected Effects
The primary effect will be to ensure that the public is aware of the non-binding nature of agency guidance documents. This could reduce confusion and potential over-compliance with guidance that is not legally required. It may also lead to greater scrutiny of agency actions and potentially reduce the impact of guidance documents on regulated entities.
Potential Benefits
- Increased transparency in agency actions.
- Reduced potential for misinterpretation of agency guidance.
- Empowerment of the public to understand their rights and obligations.
- Potential for reduced regulatory burden on businesses and individuals.
- Greater accountability of agencies in their interactions with the public.
Potential Disadvantages
- Potential for agencies to be less effective in providing guidance if the clarity statement undermines the perceived authority of the guidance.
- Possible increase in litigation if regulated entities challenge agency interpretations of existing laws.
- The act may add an additional layer of bureaucracy, requiring agencies to create and include the clarity statement.
- The act does not address the underlying issue of agencies potentially overstepping their authority through guidance documents.
- The effectiveness of the act depends heavily on the OMB's implementation guidance.
Constitutional Alignment
The Act appears to align with constitutional principles by promoting transparency and limiting the potential for agencies to create de facto regulations without proper legislative authority. By clarifying that guidance documents do not have the force of law, the Act reinforces the principle that only laws passed by Congress, as outlined in Article I, Section 1, have binding legal effect. The act also promotes due process by ensuring that individuals are not unfairly penalized for non-compliance with guidance documents.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).