As ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on July 30, 2025
S. 81, Guidance Clarity Act of 2025As ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on July 30, 2025
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By Fiscal Year, Millions of Dollars | 2025 | 2025-2030 | 2025-2035 | ||||||||
Direct Spending (Outlays) | 0 | * | * | ||||||||
Revenues | 0 | 0 | 0 | ||||||||
Increase or Decrease (-) in the Deficit | 0 | * | * | ||||||||
Spending Subject to Appropriation (Outlays) | 0 | * | not estimated | ||||||||
Increases net direct spending in any of the four consecutive 10-year periods beginning in 2036?
| No
| Statutory pay-as-you-go procedures apply?
| Yes
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Mandate Effects
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Increases on-budget deficits in any of the four consecutive 10-year periods beginning in 2036?
| No
| Contains intergovernmental mandate?
| No
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Contains private-sector mandate?
| No
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* = between zero and $500,000.
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On This Page
S. 81 would require federal agencies to include text in their guidance documents to clarify that such guidance is not legally binding. Guidance documents typically explain how regulations are interpreted by the agency but do not carry the force of law. Agencies disseminate guidance to the public in memorandums, notices, bulletins, directives, news releases, letters, blog posts, or speeches.
CBO expects that placing a clarifying statement in each guidance document would not significantly increase agencies’ administrative costs. CBO estimates that the administrative expenses associated with implementing S. 81 would cost less than $500,000 over the 2025-2030 period; any related spending would be subject to the availability of appropriated funds.
Enacting S. 81 could affect direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates that any net changes in direct spending by those agencies would be negligible because most of them can adjust amounts collected to reflect changes in operating costs.
On July 16, 2025, CBO transmitted a cost estimate for H.R. 2409, the Guidance Clarity Act of 2025, as ordered reported by the House Committee on Oversight and Government Reform on May 21, 2025. The two bills are similar, and CBO’s estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Matthew Pickford. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis.
Phillip L. Swagel
Director, Congressional Budget Office