Reps. Burlison and Golden Introduce Bipartisan Guidance Clarity Act to Support Small Businesses

Washington, D.C. – Representatives Eric Burlison (R-MO-07) and Jared Golden (D-ME-02) introduced the Guidance Clarity Act, a bipartisan bill to protect Americans from being misled by unclear government guidance.

Federal agencies often issue guidance documents to help explain rules and regulations. However, many businesses and individuals mistakenly believe that this guidance carries the weight of law – leading to unnecessary compliance burdens, fear of penalties, and added costs. The Guidance Clarity Act ensures that federal agencies clearly state that their guidance is just advice and not legally binding.

The bill requires that any guidance document from a federal agency prominently include:

A statement that it does not have the force of law and is not legally binding on the public.

A clarification that the document is only meant to explain existing laws or agency policies—not create new ones.

Congressman Burlison explained the importance of the bill, saying:

"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 echoed these concerns, adding:

"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 bipartisan efforts to promote regulatory transparency and protect small businesses from bureaucratic overreach. The bill was previously introduced in the 118th Congress and garnered strong support.

Co-Sponsors: Representatives James Comer (R-KY-01) and Don Davis (D-NC-01)