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117TH CONGRESS
2D SESSION
S. 533
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-
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tives of the United States of America in Congress assembled,
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† S 533 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Guidance Clarity Act
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of 2021’’.
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SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.
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(a) REQUIREMENT.—Each agency, as defined in sec-
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tion 551 of title 5, United States Code, shall include a
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guidance clarity statement as described in subsection (b)
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on any guidance issued by that agency under section
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553(b)(3)(A) of title 5, United States Code, on and after
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the date that is 30 days after the date on which the Direc-
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tor of the Office of Management and Budget issues the
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guidance required under subsection (c).
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(b) GUIDANCE CLARITY STATEMENT.—A guidance
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clarity statement required under subsection (a) shall—
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(1) be displayed prominently on the first page
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of the document; and
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(2) include the following: ‘‘The contents of this
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document do not have the force and effect of law
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and do not, of themselves, bind the public or the
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agency. This document is intended only to provide
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clarity to the public regarding existing requirements
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under the law or agency policies.’’.
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(c) OMB GUIDANCE.—Not later than 90 days after
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the date of enactment of this Act, the Director of the Of-
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† S 533 ES
fice of Management and Budget shall issue guidance to
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implement this Act.
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Passed the Senate September 14, 2022.
Attest:
Secretary.
117TH CONGRESS
2D SESSION
S. 533
AN ACT
To require a guidance clarity statement on certain
agency guidance, and for other purposes.