[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