Springfield Standard

Representatives Eric Burlison and Jared Golden have introduced the Guidance Clarity Act, aiming to prevent misunderstanding caused by unclear government directives. The bipartisan proposal requires federal agencies to declare that their guidance documents are advisory and not legally enforceable.

The bill seeks to address the misconception that guidance from federal agencies carries the weight of law, which can result in undue compliance costs and fear of penalties for businesses and individuals. The Guidance Clarity Act mandates that all guidance documents must prominently feature a disclaimer stating that they do not have legal force.

Congressman Burlison emphasized the significance of the bill: "Unelected bureaucrats have abused guidance documents to impose backdoor regulations without following the formal rulemaking process. They create confusion to intimidate businesses into thinking suggestions on how to comply with federal regulations are themselves legal requirements. The Guidance Clarity Act will put a stop to this deception and make sure every American knows the difference between actual law and bureaucratic overreach."

Representative Golden shared the sentiment regarding the challenges faced by small businesses: "Small businesses don’t have an army of consultants to navigate the confusing and rapidly changing guidance that comes from federal agencies. I’m happy to co-lead the Guidance Clarity Act again with Rep. Burlison to ensure agencies are clear to small businesses that federal guidance is just a suggestion – not legally binding regulation."

The Guidance Clarity Act builds on efforts to enhance regulatory transparency and shield small businesses from excessive bureaucratic authority. The bill was previously proposed in the 118th Congress and received considerable backing. Representatives James Comer and Don Davis co-sponsor the act.