[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 533 Reported in Senate (RS)]
<DOC>
Calendar No. 346
117th CONGRESS
2d Session
S. 533
[Report No. 117-95]
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2 (legislative day, March 1), 2021
Mr. Lankford (for himself, Mr. Risch, and Mr. Johnson) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
April 27, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Guidance Clarity Act of
2021''.</DELETED>
<DELETED>SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Agency; rule.--The terms ``agency'' and
``rule'' have the meanings given those terms in section 551 of
title 5, United States Code.</DELETED>
<DELETED> (2) Guidance.--The term ``guidance''--</DELETED>
<DELETED> (A) means an agency statement of general
applicability, intended to have a future effect on the
behavior of regulated parties, that sets forth a policy
on a statutory, regulatory, or technical issue, or an
interpretation of a statute or regulation;
and</DELETED>
<DELETED> (B) does not include--</DELETED>
<DELETED> (i) a rule promulgated pursuant to
notice and comment under section 553 of title
5, United States Code;</DELETED>
<DELETED> (ii) a rule exempt from rulemaking
requirements under section 553(a) of title 5,
United States Code;</DELETED>
<DELETED> (iii) a rule of agency
organization, procedure, or practice;</DELETED>
<DELETED> (iv) a decision of an agency
adjudication under section 554 of title 5,
United States Code, or any similar statutory
provision;</DELETED>
<DELETED> (v) internal guidance directed to
the issuing agency or other agency that is not
intended to have a substantial future effect on
the behavior of regulated parties; or</DELETED>
<DELETED> (vi) internal executive branch
legal advice or legal opinions addressed to
executive branch officials.</DELETED>
<DELETED> (b) Requirement.--Each agency shall include a guidance
clarity statement as described in subsection (c) on any guidance issued
by that agency on and after the date of enactment of this
Act.</DELETED>
<DELETED> (c) Guidance Clarity Statement.--A guidance clarity
statement required under subsection (b) shall--</DELETED>
<DELETED> (1) be displayed prominently on the first page of
the document; and</DELETED>
<DELETED> (2) include the following: ``The contents of this
document do not have the force and effect of law and are not
meant to bind the public in any way. This document is intended
only to provide clarity to the public regarding existing
requirements under the law or agency policies.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guidance Clarity Act of 2021''.
SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.
(a) Requirement.--Each agency, as defined in section 551 of title
5, United States Code, shall include a guidance clarity statement as
described in subsection (b) on any guidance issued by that agency under
section 553(b)(3)(A) of title 5, United States Code, on and after the
date that is 30 days after the date on which the Director of the Office
of Management and Budget issues the guidance required under subsection
(c).
(b) Guidance Clarity Statement.--A guidance clarity statement
required under subsection (a) shall--
(1) be displayed prominently on the first page of the
document; and
(2) include the following: ``The contents of this document
do not have the force and effect of law and do not, of
themselves, bind the public or the agency. This document is
intended only to provide clarity to the public regarding
existing requirements under the law or agency policies.''.
(c) OMB Guidance.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall issue guidance to implement this Act.
Calendar No. 346
117th CONGRESS
2d Session
S. 533
[Report No. 117-95]
_______________________________________________________________________
A BILL
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
_______________________________________________________________________
April 27, 2022
Reported with an amendment