[Congressional Record Volume 168, Number 148 (Wednesday, September 14, 2022)]
[Senate]
[Page S4624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      GUIDANCE CLARITY ACT OF 2021

  Ms. SMITH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 346, S. 533.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 533) to require a guidance clarity statement on 
     certain agency guidance, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.

  Ms. SMITH. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 533), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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