S108-118

Reported

To require a guidance clarity statement on certain agency guidance, and for other purposes.

118th Congress Introduced Jan 26, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The bill requires agencies to place a prominent statement on covered guidance documents explaining that the guidance does not independently bind the public or the agency. OMB must issue implementation guidance.

Who Benefits and How

Regulated parties and the public benefit from clearer notice that guidance is not legally binding. Oversight advocates benefit from standardized disclosure.

Who Bears the Burden and How

Federal agencies and OMB must implement the statement requirement across guidance documents.

Key Provisions

  • Requires a first-page guidance clarity statement
  • Applies to guidance issued under 5 U.S.C. 553(b)(3)(A)
  • Requires OMB implementation guidance

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.

At a Glance

What This Bill Does

Requires federal agency guidance documents to state clearly that they do not have the force and effect of law.

Key Policy Areas

Government Operations, Regulatory Policy

Primary Purpose

Requires federal agency guidance documents to state clearly that they do not have the force and effect of law.

Policy Domains

Government Operations Regulatory Policy

Whole bill

Identified Gains
  • Regulated businesses and the public
  • Oversight advocates
Model: codex-gpt-5 | Version: bill_summary_v2 | Source: rs
Oversight advocates:
Regulated businesses and the public:
Identified Costs
  • Federal agencies issuing guidance
  • OMB implementation staff
Model: codex-gpt-5 | Version: bill_summary_v2 | Source: rs
OMB implementation staff:
Federal agencies issuing guidance:

Legislative Progress

Reported
Introduced Committee Passed
May 9, 2023

Reported by Mr. Peters, without amendment

Jan 26, 2023

Mr. Lankford (for himself, Ms. Sinema, Mr. Johnson, Mr. Risch, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
1 mention across 1 clause
-1 negative

Federal agencies issuing nonbinding guidance

Regulated Industries
1 mention across 1 clause
+1 positive

Regulated industries relying on agency guidance

Individual Rights
1 mention across 1 clause
+1 positive

Members of the public affected by agency guidance

1/2
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Government Operations Regulatory Policy
Actor Mappings
"director"
→ Director of the Office of Management and Budget

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology