What This Bill Does
This bill requires federal agencies to include a statement on certain guidance documents explaining that the guidance does not have the legal force of law. The statement must appear prominently on the first page and inform the public that the guidance only provides clarity about existing legal requirements or agency policies.
Who It Affects
Federal agencies that issue guidance documents under section 553(b)(3)(A) of title 5, United States Code.
Key Provisions
• Each federal agency must include a guidance clarity statement on any guidance it issues starting 30 days after the Director of the Office of Management and Budget (the head official overseeing federal budget and management) issues implementation guidance (Sec. 2(a))
• The statement must appear prominently on the first page and include specific language stating the document does not have legal force, does not bind the public or agency, and is only intended to clarify existing legal requirements or agency policies (Sec. 2(b))
• The Director of the Office of Management and Budget must issue guidance on how to implement this law within 90 days after the law is enacted (Sec. 2(c))
What Changes
Federal agencies will be required to add a specific disclaimer statement to certain guidance documents they issue, making clear that the guidance is explanatory only and not legally binding.
Important Definitions
Not specified in bill text
Effective Date
30 days after the Director of the Office of Management and Budget issues implementation guidance (Sec. 2(a))
II
Calendar No. 58
118TH CONGRESS
1ST SESSION
S. 108
[Report No. 118–19]
To require a guidance clarity statement on certain agency guidance, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. LANKFORD (for himself, Ms. SINEMA, Mr. JOHNSON, Mr. RISCH, and Mr.
BRAUN) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
MAY 9, 2023
Reported by Mr. PETERS, 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 2023’’.
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•S 108 RS
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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fice of Management and Budget shall issue guidance to
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implement this Act.
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Calendar No. 58
118TH CONGRESS
1ST SESSION
S. 108
[Report No. 118–19]
A BILL
To require a guidance clarity statement on certain
agency guidance, and for other purposes.
MAY 9, 2023
Reported without amendment
VerDate Sep 11 2014
23:45 May 09, 2023
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PO 00000
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S108
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