[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 108 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 108

To require a guidance clarity statement on certain agency guidance, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2023

Mr. Lankford (for himself, Ms. Sinema, Mr. Johnson, Mr. Risch, and Mr. 
Braun) introduced the following bill; which was read twice and referred 
     to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guidance Clarity Act of 2023''.

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.
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