Guidance Clarity Act of 2025
Summary
The Guidance Clarity Act of 2025 aims to increase transparency in agency guidance by requiring a clarity statement on certain agency documents. This statement would clarify that the guidance does not have the force of law and is intended only to provide clarity on existing requirements. The Act mandates that the Office of Management and Budget (OMB) issue guidance to implement these requirements.
Expected Effects
The Act will likely lead to agencies including a standardized disclaimer on guidance documents. This could reduce confusion among the public regarding the legal authority of agency guidance. It may also impact agency behavior by encouraging them to be more precise in their language.
Potential Benefits
- Increased transparency in agency actions.
- Reduced potential for public confusion regarding agency guidance.
- Could lead to agencies being more careful in drafting guidance documents.
- May limit agency overreach by clarifying the non-binding nature of guidance.
- Promotes a better understanding of existing laws and policies.
Most Benefited Areas:
Potential Disadvantages
- May create additional administrative burden for agencies.
- Could be interpreted as undermining the authority of agencies.
- The clarity statement itself may become boilerplate and lose its intended effect.
- Potential for increased litigation if the clarity of guidance is still disputed.
- Could slow down the dissemination of important information if agencies delay guidance releases.
Constitutional Alignment
The Act appears to align with constitutional principles of transparency and due process. By clarifying the role of agency guidance, it reinforces the idea that laws must be made by Congress, as outlined in Article I, Section 1, and that agencies should not overstep their authority. The Act does not appear to infringe on any specific constitutional rights or provisions.
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).