S. 81: Guidance Clarity Act of 2025

The Guidance Clarity Act of 2025 is a proposed bill that aims to enhance the transparency of guidance provided by federal agencies. Here’s a breakdown of the key components of the bill:

Bill Purpose

The primary goal of the bill is to ensure that any guidance issued by federal agencies will include a clear statement about its legal standing and implications. This is meant to help the public and the agencies themselves understand the guidance better.

Requirements for Agencies

Under this bill, each federal agency must adhere to the following requirements:

• Guidance Clarity Statement: Any agency guidance issued after the enactment of this bill must include a "guidance clarity statement." This statement will inform users that the guidance does not have the force and effect of law and is not binding on the public or the agency.
• Prominence: This clarity statement must be displayed prominently on the first page of the guidance document.
• Timely Implementation: The Director of the Office of Management and Budget (OMB) must issue guidance to implement these new requirements within 90 days of the bill's enactment.

Effect of the Bill

This legislation is intended to create a standardized approach to agency guidance, making it clearer to the public what is legally required and preventing any confusion regarding the force of agency guidance. By fulfilling the provisions of this bill, agencies are expected to improve clarity and reduce potential misinterpretations of their guidance.

Relevance to Existing Policies

The bill addresses guidance that falls under section 553(b)(3)(A) of title 5, United States Code, which pertains to agencies' procedures for rulemaking and the issuing of statements. The intention is to provide a better understanding for the public regarding existing laws and agency policies.

Implementation Timeline

Once enacted, federal agencies will have 30 days after the OMB guidance is issued to start including the clarity statement in all relevant future guidance documents.

Relevant Companies

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