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Federal Agencies Must Clearly Label Non-Binding Guidance Documents.

This law requires federal agencies to explicitly state that their guidance documents are not legally binding and do not create new obligations for the public. This change increases transparency, ensuring citizens understand the difference between actual legal requirements and agency interpretations or advice. It helps prevent the public from mistakenly treating non-binding recommendations as mandatory law.
Key points
All covered agency guidance must prominently feature a statement confirming it does not have the force of law.
Citizens gain clarity, knowing that agency advice is intended only to explain existing rules, not to impose new legal duties.
The Office of Management and Budget (OMB) is required to issue implementation guidance within 90 days of the law's enactment.
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Additional Information
Print number: 118_S_108
Sponsor: Sen. Lankford, James [R-OK]
Process start date: 2023-01-26