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Senate Bill 533
117th Congress(2021-2022)
Guidance Clarity Act of 2021
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Passed Senate on Sep 14, 2022
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S. 533 (Reported-in-Senate)

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,

SECTION 1. Short title.

This Act may be cited as the “Guidance Clarity Act of 2021”.

SEC. 2. Guidance clarity statement required.

(a) Definitions.—In this section:

(1) AGENCY; RULE.—The terms “agency” and “rule” have the meanings given those terms in section 551 of title 5, United States Code.

(2) GUIDANCE.—The term “guidance”—

(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

(B) does not include—

(i) a rule promulgated pursuant to notice and comment under section 553 of title 5, United States Code;

(ii) a rule exempt from rulemaking requirements under section 553(a) of title 5, United States Code;

(iii) a rule of agency organization, procedure, or practice;

(iv) a decision of an agency adjudication under section 554 of title 5, United States Code, or any similar statutory provision;

(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

(vi) internal executive branch legal advice or legal opinions addressed to executive branch officials.

(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.

(c) Guidance clarity statement.—A guidance clarity statement required under subsection (b) 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 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.”.

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