WASHINGTON-The House Oversight and Reform Committee today passed the Guidance Clarity Act of 2021, which was introduced by House Small Business Committee Ranking Member Blaine Luetkemeyer (R-Mo.) and Rep. Jared Golden (D-Maine). This legislation provides greater clarity and transparency for Americans and small businesses by requiring each agency guidance document to state explicitly it does not have the force and effect of law and is not binding.
“Federal agency guidance is not the law, yet for too long federal agencies have sought to punish Americans and small businesses for not complying with it. This abuse ends with the Guidance Clarity Act of 2021, which will require agencies to state that guidance is not legally binding. This commonsense legislation will help stop regulatory abuse by federal agencies and create needed transparency for the American people. I appreciate the leadership of Small Business Committee Ranking Member Luetkemeyer on this important legislation," said Ranking Member Comer.
“As small businesses across the country face the challenges associated with reopening, we must provide them with responsible, deregulatory policies that empower a return to independent operation. Business owners need clear rules of the road to ensure they can comply with all necessary laws and regulations. The Guidance Clarity Act helps small businesses navigate the Administration’s avalanche of red tape by ensuring all guidance documents clearly state they are not legally binding. This small but critical declaration protects businesses from any potential enforcement actions based solely on guidance instead of statutes or regulations. I want to thank Ranking Member Comer for his dedication to passing this important legislation on behalf of the American worker," said Ranking Member Luetkemeyer.
Last week, the Senate passed legislation amending the original version of the Guidance Clarity Act of 2021. Today’s bill passed out of the Oversight Committee incorporates the Senate’s changes. This bill now heads to the House floor for consideration. Once the bill passes the House and the Senate, it will head to the President’s desk for signing.
