118 S108 IS: Guidance Clarity Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 108IN THE SENATE OF THE UNITED STATESJanuary 26, 2023Mr. 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 AffairsA BILLTo require a guidance clarity statement on certain agency guidance, and for other purposes.

1.

Short title

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

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.