H. Rpt. 119-569 accompanies the "Guidance Clarity Act of 2025" — legislation that falls within the Oversight and Government Reform Committee's jurisdiction. Committee reports serve as the official legislative history of a bill, documenting what the legislation would do and why the committee recommends passage. Reports of this kind include the committee's section-by-section analysis, any amendments adopted during markup, the Congressional Budget Office cost estimate, dissenting views from minority members, and the legal basis for the legislation. Courts and agencies consult committee reports when interpreting enacted laws, making these documents important beyond the immediate legislative moment.
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House Report 119-569 - GUIDANCE CLARITY ACT OF 2025
[House Report 119-569]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-569
=======================================================================
GUIDANCE CLARITY ACT OF 2025
----------------
March 24, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Comer, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2409]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2409) to require a guidance clarity
statement on certain agency guidance, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Section-by-Section Analysis...................................... 3
Legislative History.............................................. 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Explanation of Amendments........................................ 6
List of Related Committee Hearings............................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Application of Law to the Legislative Branch..................... 6
Duplication of Federal Programs.................................. 7
Federal Advisory Committee Act Statement......................... 7
Unfunded Mandates Reform Act Statement........................... 7
Earmark Identification........................................... 7
Committee Cost Estimate.......................................... 7
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Minority Views................................................... 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guidance Clarity Act of 2025''.
SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.
(a) Requirement.--Each agency (as defined in section 551 of title 5,
United States Code) shall include a guidance clarity statement as
described in subsection (b) on any guidance issued by that agency under
section 553(b)(4)(A) of title 5, United States Code, on and after the
date that is 30 days after the date on which the Director of the Office
of Management and Budget issues the guidance required under subsection
(c).
(b) Guidance Clarity Statement.--A guidance clarity statement
required under subsection (a) shall--
(1) be displayed prominently on the first page of the
document; and
(2) include the following: ``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.''.
(c) OMB Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall issue guidance to implement this Act.
SUMMARY AND PURPOSE OF LEGISLATION
H.R. 2409 requires federal agencies to state prominently on
the opening page of any guidance document that: (1) agency
guidance does not have the force and effect of law and is not
binding on the public; and (2) the document is intended only to
provide clarity to the public about existing legal requirements
or agency policies. H.R. 2409 will help small businesses,
households, and other recipients of agency guidance to
understand that such guidance is not legally binding upon them
and cannot be used as the basis for agency enforcement action
against them.
BACKGROUND AND NEED FOR LEGISLATION
Agency guidance documents have long served a useful
function in the federal regulatory system, helping the public
to understand legal authorities agencies administer and
policies agencies follow. They take various forms, including
``policy statements, manuals, bulletins, advisories, and
more.''\1\
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\1\Memorandum from Dominic J. Mancini, Acting Administrator, Office
of Information & Regulatory Affairs (Oct. 31, 2019).
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According to a 2019 memorandum from the Office of
Management and Budget (OMB), agency guidance documents ``should
only clarify existing obligations; they should not be a vehicle
for implementing new, binding requirements on the public.''\2\
In recent decades, however, agencies increasingly have relied
on guidance documents ``in attempts to regulate the public
without following the rulemaking procedures'' of the
Administrative Procedure Act, which agencies must follow before
issuing binding rules.\3\ Guidance documents of this sort can
``carry the implicit threat of enforcement action if the
regulated public does not comply,'' even though they are not
supposed to be binding.\4\
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\2\Id.
\3\Executive Order 13891, Promoting the Rule of Law through
Improved Agency Guidance Documents, 84 Fed. Reg. 55235 (Oct. 15, 2019).
\4\Id.
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To prevent this type of abuse, the Guidance Clarity Act was
first introduced during the 115th Congress by Rep. Blaine
Luetkemeyer (R-MO).\5\ During President Donald J. Trump's first
administration, President Trump ordered through Executive Order
13891\6\ that agencies during his administration implement
guidance reforms including reforms contained in the Guidance
Clarity Act. President Joseph R. Biden, however, rescinded E.O.
13891 upon assuming office in 2021.\7\
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\5\H.R. 7378, 115th Congress.
\6\Supra, note 3.
\7\Executive Order 13992, Revocation of Certain Executive Orders
Concerning Federal Regulation, 86 Fed. Reg. 7049 (Jan. 25, 2021).
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H.R. 2409 is therefore needed to reinstitute and make
permanent by statute the important guidance reforms it
contains. It requires agencies to display on the first page of
covered guidance documents a guidance clarity statement
explaining that the contents of the document do not have the
force and effect of law, are not binding on the public, and are
intended only to provide clarity about existing requirements
under the law or agency policy. H.R. 2409 brings transparency
and accountability to agency guidance documents and ensures
federal agencies cannot abuse nonbinding guidance documents as
de facto regulations.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title is the ``Guidance Clarity Act of 2025''.
Section 2. Guidance clarity statement required
Subsection (a) requires each Executive branch agency, as
defined in 5 U.S.C. 551, to issue guidance clarity statements,
as required under subsection (b), for any guidance document
issued under 5 U.S.C. sec. 553(b)(4)(A) (which includes
interpretive rules and general statements of policy) after 30
days following issuance by the Office of Management and Budget
(OMB) Director of implementation guidance required under
subsection (c).
Subsection (b) requires agencies to prominently display on
p. 1 of agency guidance a guidance clarity statement which
explicitly states: ``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.''
Subsection (c) requires the OMB Director to issue
implementation guidance within 90 days of the bill's enactment.
LEGISLATIVE HISTORY
H.R. 2409, the Guidance Clarity Act of 2025, was introduced
on March 27, 2025, by Representative Eric Burlison (R-MO). The
following Representatives are cosponsors of the bill: Jared
Golden (D-ME), Donald Davis (D-NC), James Comer (R-KY), Brandon
Gill (R-TX), Pat Fallon (R-TX), Byron Donalds (R-FL), and Elise
Stefanik (R-NY). The bill was referred to the Committee on
Oversight and Government Reform. The Committee on Oversight and
Government Reform held a hearing used for development and
consideration of the bill on May 20, 2025. The Committee
considered H.R. 2409 at a business meeting on May 21, 2025, and
ordered the bill as amended favorably reported by a recorded
vote.
COMMITTEE CONSIDERATION
On May 21, 2025, the Committee met in open session and
ordered the bill, H.R. 2409, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
23-19, a quorum being present.
ROLL CALL VOTES
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following roll call vote
occurred during the Committee's consideration of H.R. 2409:
The roll call vote was on favorably reporting H.R. 2409.
The bill was agreed to in a recorded vote of 23-19, a quorum
being present.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
EXPLANATION OF AMENDMENTS
During Committee consideration of the bill, Representative
James Comer (R-KY), Chairman of the Committee, offered an
amendment in the nature of a substitute that made certain
technical changes to the bill. The amendment in the nature of a
substitute passed by voice vote.
LIST OF RELATED COMMITTEE HEARINGS
In accordance with House rule XIII, clause 3(c)(6), (1) the
following hearings were used to develop or consider H.R. 2409:
On May 20, 2025, the Committee held a hearing titled
``Mandates, Meddling, and Mismanagement: The IRA's Threat to
Energy and Medicine'' with Mr. Ben Lieberman, Senior Fellow,
Competitive Enterprise Institute; Dr. Erin Trish, Ph.D., Co-
Director, USC Schaeffer Center and Associate Professor,
Department of Pharmaceutical and Health Economics, USC Mann
School of Pharmacy; Dr. William McBride, Ph.D., Chief Economist
and Stephen J. Entin Fellow in Economics, Tax Foundation; and
Dr. Emily Gee, Senior Vice President for Inclusive Growth,
Center for American Progress.
(2) The following related hearing was held:
On April 9, 2025, the Committee held a hearing titled
``Restoring Trust in FDA: Rooting Out Illicit Products'' with
Mr. Guy Bentley, Director of Consumer Freedom, Reason
Foundation; Mr. Jonathan Miller, General Counsel, Hemp
Roundtable and Partner-in-Charge, Frost, Brown, Todd; Mr.
Richard Williams, Senior Affiliated Scholar, Mercatus Center;
Mr. Shabbir Imber Safdar, Executive Director, The Partnership
for Safe Medicines; and Dr. David Kessler, former commissioner,
U.S. Food and Drug Administration.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS
OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the Background and Need for
Legislation section above.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals or objectives of this bill are to require federal
agencies to state prominently on the opening page of any
guidance document that: (1) agency guidance does not have the
force and effect of law and is not binding on the public; and
(2) the document is intended only to provide clarity to the
public about existing legal requirements or agency policies.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill does not relate to employment or access to public
services and accommodations in the legislative branch.
DUPLICATION OF FEDERAL PROGRAMS
In accordance with clause 3(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
FEDERAL ADVISORY COMMITTEE ACT STATEMENT
Pursuant to section 5(b) of Public Law 92-463 (5 U.S.C.
1004(b)), the Federal Advisory Committee Act, the Committee
finds that this Committee Print does not direct the
establishment of an advisory committee.
UNFUNDED MANDATES REFORM ACT STATEMENT
Pursuant to section 423 of the Congressional Budget Act of
1974 the Committee has included a letter received from the
Congressional Budget Office below.
EARMARK IDENTIFICATION
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the Committee includes below a cost
estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
Pursuant to clause 3(d)(1) of House rule XIII, the cost
estimate prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974 is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2409 would require federal agencies to include text in
their guidance documents to clarify that such guidance is not
legally binding. Guidance documents typically explain how
regulations are interpreted by the agency but do not carry the
force of law. Agencies disseminate guidance to the public in
memorandums, notices, bulletins, directives, news releases,
letters, blog posts, or speeches.
CBO expects that placing a clarifying statement in each
guidance document would not significantly increase agencies'
administrative costs. CBO estimates that the administrative
expenses associated with implementing H.R. 2409 would cost less
than $500,000 over the 2025-2030 period; any related spending
would be subject to the availability of appropriated funds.
Enacting H.R. 2409 could affect direct spending by some
agencies that are allowed to use fees, receipts from the sale
of goods, and other collections to cover operating costs. CBO
estimates that any net changes in direct spending by those
agencies would be negligible because most of them can adjust
amounts collected to reflect changes in operating costs.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H.SamuelPapenfuss,
DeputyDirector of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
The requirements of clause 3(e) of rule XIII of the Rules
of the House of Representatives do not apply to H.R. 2409.
MINORITY VIEWS
Democrats strongly oppose H.R. 2409, which would require
all guidance statements to explicitly state on the first page
that they do not have the force of law. Making federal
regulatory guidance clearer is a desirable goal, but this bill
may have the effect of confusing entities that have to
implement federal regulations using the guidance that is
provided.
Although agency-issued guidance to the public does not
literally have the force of law, stating this on every piece of
guidance would be tremendously confusing and misleading,
particularly for all the statutory programs and regimes that
rely on a combination of statute and implementing guidance in
the real world to function properly.
This legislation would furnish regulated entities with many
more opportunities to evade the law and to bring frivolous
suits over agency guidance. This would inevitably mean that
agencies would be unable, or at least delayed in being able, to
hold polluters accountable, protect worker safety, and ensure
that the public has access to healthy, safe food.
Robert Garcia,
Ranking Member.
[all]