H.R.2409 - Guidance Clarity Act (119th Congress)
Summary
H.R.2409, the Guidance Clarity Act, mandates that federal agencies include a 'guidance clarity statement' on certain agency guidance documents. This statement clarifies that the guidance does not have the force of law and is intended only to provide clarity on existing requirements. The bill directs the Office of Management and Budget (OMB) to issue guidance for implementing the Act within 90 days of enactment.
Expected Effects
The primary effect of this bill is to increase transparency and reduce potential confusion regarding agency guidance. It aims to prevent the public from interpreting guidance documents as legally binding regulations. This could lead to a better understanding of regulatory requirements and potentially reduce litigation related to agency actions.
Potential Benefits
- Increased transparency in agency guidance.
- Reduced potential for misinterpreting guidance as law.
- Improved public understanding of regulatory requirements.
- Potential reduction in litigation related to agency actions.
- Promotes agency accountability by clarifying the non-binding nature of guidance documents.
Potential Disadvantages
- Potential for agencies to use the clarity statement as a shield against legal challenges, even when guidance effectively acts as regulation.
- May create additional administrative burden for agencies in implementing the requirement.
- The effectiveness of the statement depends on public awareness and understanding.
- Could lead to increased ambiguity if the statement is not clearly worded or consistently applied.
- Potential for delays in the issuance of guidance while awaiting OMB implementation guidance.
Constitutional Alignment
The bill appears to align with the principles of transparency and due process, which are implicit in the Constitution. By clarifying the nature of agency guidance, the bill seeks to ensure that individuals and entities are not subjected to regulations without proper notice and opportunity for comment, as suggested by the Fifth Amendment's due process clause. The bill does not appear to infringe on any specific constitutional provision.
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).