Guidance Clarity Act of 2021

II Calendar No. 353 117TH CONGRESS 2D SESSION H. R. 1508 IN THE SENATE OF THE UNITED STATES OCTOBER 21, 2021 Received APRIL 27, 2022 Read twice and placed on the calendar AN ACT To require a guidance clarity statement on certain agency guidance, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Guidance Clarity Act 4 of 2021’’. 5 SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED. 6 (a) REQUIREMENT.—Each agency, as defined in sec- 7 tion 551 of title 5, United States Code, shall include a 8 guidance clarity statement as described in subsection (b) 9 on any guidance issued by that agency under section 10 VerDate Sep 11 2014 02:05 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1508.PCS H1508 kjohnson on DSK79L0C42PROD with BILLS 2 HR 1508 PCS 553(b)(3)(A) of title 5, United States Code, on and after 1 the date that is 30 days after the date on which the Direc- 2 tor of the Office of Management and Budget issues the 3 guidance required under subsection (c). 4 (b) GUIDANCE CLARITY STATEMENT.—A guidance 5 clarity statement required under subsection (b) shall— 6 (1) be displayed prominently on the first page 7 of the document; and 8 (2) include the following: ‘‘The contents of this 9 document do not have the force and effect of law 10 and do not, of themselves, bind the public or the 11 agency. This document is intended only to provide 12 clarity to the public regarding existing requirements 13 under the law or agency policies.’’. 14 (c) OMB GUIDANCE.—Not later than 90 days after 15 the date of enactment of this Act, the Director of the Of- 16 fice of Management and Budget shall issue guidance to 17 implement this Act. 18 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 19 The budgetary effects of this Act, for the purpose of 20 complying with the Statutory Pay-As-You-Go Act of 2010, 21 shall be determined by reference to the latest statement 22 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 23 Act, submitted for printing in the Congressional Record 24 by the Chairman of the House Budget Committee, pro- 25 VerDate Sep 11 2014 02:05 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1508.PCS H1508 kjohnson on DSK79L0C42PROD with BILLS 3 HR 1508 PCS vided that such statement has been submitted prior to the 1 vote on passage. 2 Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 02:05 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1508.PCS H1508 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 353 117TH CONGRESS 2D SESSION H. R. 1508 AN ACT To require a guidance clarity statement on certain agency guidance, and for other purposes. APRIL 27, 2022 Read twice and placed on the calendar VerDate Sep 11 2014 02:05 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\H1508.PCS H1508 kjohnson on DSK79L0C42PROD with BILLS