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Calendar No. 590
116TH CONGRESS
2D SESSION
S. 3412
[Report No. 116–297]
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 5, 2020
Mr. LANKFORD introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
NOVEMBER 17, 2020
Reported by Mr. JOHNSON, without amendment
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Guidance Clarity Act
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of 2020’’.
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•S 3412 RS
SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.
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(a) DEFINITIONS.—In this section:
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(1) AGENCY; RULE.—The terms ‘‘agency’’ and
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‘‘rule’’ have the meanings given those terms in sec-
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tion 551 of title 5, United States Code.
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(2) GUIDANCE.—The term ‘‘guidance’’—
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(A) means an agency statement of general
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applicability, intended to have a future effect on
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the behavior of regulated parties, that sets forth
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a policy on a statutory, regulatory, or technical
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issue, or an interpretation of a statute or regu-
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lation; and
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(B) does not include—
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(i) a rule promulgated pursuant to no-
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tice and comment under section 553 of
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title 5, United States Code;
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(ii) a rule exempt from rulemaking re-
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quirements under section 553(a) of title 5,
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United States Code;
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(iii) a rule of agency organization,
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procedure, or practice;
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(iv) a decision of an agency adjudica-
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tion under section 554 of title 5, United
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States Code, or any similar statutory pro-
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vision;
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•S 3412 RS
(v) internal guidance directed to the
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issuing agency or other agency that is not
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intended to have a substantial future effect
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on the behavior of regulated parties; or
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(vi) internal executive branch legal ad-
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vice or legal opinions addressed to execu-
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tive branch officials.
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(b) REQUIREMENT.—Each agency shall include a
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guidance clarity statement as described in subsection (c)
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on any guidance issued by that agency on and after the
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date of enactment of this Act.
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(c) GUIDANCE CLARITY STATEMENT.—A guidance
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clarity statement required under subsection (b) 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 are not meant to bind the public in any way.
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This document is intended only to provide clarity to
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the public regarding existing requirements under the
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law or agency policies.’’.
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Calendar No. 590
116TH CONGRESS
2D SESSION
S. 3412
[Report No. 116–297]
A BILL
To require a guidance clarity statement on certain
agency guidance, and for other purposes.
NOVEMBER 17, 2020
Reported without amendment
VerDate Sep 11 2014
00:44 Nov 18, 2020
Jkt 019200
PO 00000
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Fmt 6651
Sfmt 6651
E:\BILLS\S3412.RS
S3412
pamtmann on DSKBC07HB2PROD with BILLS