Title: Guidance Clarity Act of 2021
Policy area: Government Operations and Politics

Summary:
Guidance Clarity Act of 2021  This bill requires federal agencies to state on the first page of guidance documents that such guidance (1) does not have the force and effect of law, and (2) is intended only to provide clarity to the public about existing legal requirements or agency policies. Excluded from this requirement is guidance directed to the issuing agency or other agency that is not intended to have a substantial effect on the behavior of regulated parties, as well as internal executive branch legal advice or opinions addressed to executive branch officials.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 533 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 533

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

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guidance Clarity Act of 2021''.

SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.

    (a) Definitions.--In this section:
            (1) Agency; rule.--The terms ``agency'' and ``rule'' have 
        the meanings given those terms in section 551 of title 5, 
        United States Code.
            (2) Guidance.--The term ``guidance''--
                    (A) means an agency statement of general 
                applicability, intended to have a future effect on the 
                behavior of regulated parties, that sets forth a policy 
                on a statutory, regulatory, or technical issue, or an 
                interpretation of a statute or regulation; and
                    (B) does not include--
                            (i) a rule promulgated pursuant to notice 
                        and comment under section 553 of title 5, 
                        United States Code;
                            (ii) a rule exempt from rulemaking 
                        requirements under section 553(a) of title 5, 
                        United States Code;
                            (iii) a rule of agency organization, 
                        procedure, or practice;
                            (iv) a decision of an agency adjudication 
                        under section 554 of title 5, United States 
                        Code, or any similar statutory provision;
                            (v) internal guidance directed to the 
                        issuing agency or other agency that is not 
                        intended to have a substantial future effect on 
                        the behavior of regulated parties; or
                            (vi) internal executive branch legal advice 
                        or legal opinions addressed to executive branch 
                        officials.
    (b) Requirement.--Each agency shall include a guidance clarity 
statement as described in subsection (c) on any guidance issued by that 
agency on and after the date of enactment of this Act.
    (c) Guidance Clarity Statement.--A guidance clarity statement 
required under subsection (b) shall--
            (1) be displayed prominently on the first page of the 
        document; and
            (2) include the following: ``The contents of this document 
        do not have the force and effect of law and are not meant to 
        bind the public in any way. This document is intended only to 
        provide clarity to the public regarding existing requirements 
        under the law or agency policies.''.
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