II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guidance Clarity Act 

5 of 2021’’. 


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1 SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED. 

2 (a) DEFINITIONS.—In this section: 

3 (1) AGENCY; RULE.—The terms ‘‘agency’’ and 

4 ‘‘rule’’ have the meanings given those terms in sec5 tion 551 of title 5, United States Code. 

6 (2) GUIDANCE.—The term ‘‘guidance’’— 

7 (A) means an agency statement of general 

8 applicability, intended to have a future effect on 

9 the behavior of regulated parties, that sets forth 

10 a policy on a statutory, regulatory, or technical 

11 issue, or an interpretation of a statute or regu12 lation; and 

13 (B) does not include— 

14 (i) a rule promulgated pursuant to no15 tice and comment under section 553 of 

16 title 5, United States Code; 

17 (ii) a rule exempt from rulemaking re18 quirements under section 553(a) of title 5, 

19 United States Code; 

20 (iii) a rule of agency organization, 

21 procedure, or practice; 

22 (iv) a decision of an agency adjudica23 tion under section 554 of title 5, United 

24 States Code, or any similar statutory pro25 vision; 


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1 (v) internal guidance directed to the 

2 issuing agency or other agency that is not 

3 intended to have a substantial future effect 

4 on the behavior of regulated parties; or 

5 (vi) internal executive branch legal ad6 vice or legal opinions addressed to execu7 tive branch officials. 

8 (b) REQUIREMENT.—Each agency shall include a 

9 guidance clarity statement as described in subsection (c) 

10 on any guidance issued by that agency on and after the 

11 date of enactment of this Act. 

12 (c) GUIDANCE CLARITY STATEMENT.—A guidance 

13 clarity statement required under subsection (b) shall— 

14 (1) be displayed prominently on the first page 

15 of the document; and 

16 (2) include the following: ‘‘The contents of this 

17 document do not have the force and effect of law 

18 and are not meant to bind the public in any way. 

19 This document is intended only to provide clarity to 

20 the public regarding existing requirements under the 

21 law or agency policies.’’. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Guidance Clarity Act 

24 of 2021’’. 


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•S 533 RS

1 SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED. 

2 (a) REQUIREMENT.—Each agency, as defined in sec3 tion 551 of title 5, United States Code, shall include a guid4 ance clarity statement as described in subsection (b) on any 

5 guidance issued by that agency under section 553(b)(3)(A) 

6 of title 5, United States Code, on and after the date that 

7 is 30 days after the date on which the Director of the Office 

8 of Management and Budget issues the guidance required 

9 under subsection (c). 

10 (b) GUIDANCE CLARITY STATEMENT.—A guidance 

11 clarity statement required under subsection (a) shall— 

12 (1) be displayed prominently on the first page of 

13 the document; and 

14 (2) include the following: ‘‘The contents of this 

15 document do not have the force and effect of law and 

16 do not, of themselves, bind the public or the agency. 

17 This document is intended only to provide clarity to 

18 the public regarding existing requirements under the 

19 law or agency policies.’’. 

20 (c) OMB GUIDANCE.—Not later than 90 days after the 

21 date of enactment of this Act, the Director of the Office of 

22 Management and Budget shall issue guidance to implement 

23 this Act. 


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kjohnson on DSK79L0C42PROD with BILLS
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 


kjohnson on DSK79L0C42PROD with BILLS