Guidance Clarity Act of 2020

Bill: 116-s-3412
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2020-03-05
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Government information and archives
Latest action: action_date: 2020-11-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 590.

Summaries:
action_date: 2020-03-05
action_desc: Introduced in Senate
text: <p><b>Guidance Clarity Act of 2020</b><br> <br> 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.</p>

action_date: 2020-11-17
action_desc: Reported to Senate
text: <p><b>Guidance Clarity Act of 2020</b><br> <br> 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.</p>

tv_txt: II 116th CONGRESS 2d Session S. 3412 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 A BILL To require a guidance clarity statement on certain agency guidance, and for other purposes.

1. Short title This Act may be cited as the Guidance Clarity Act of 2020 . 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. .

tv_txt: II Calendar No. 590 116th CONGRESS 2d Session S. 3412 [Report No. 116–297] 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.

1. Short title This Act may be cited as the Guidance Clarity Act of 2020 . 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. .

November 17, 2020 Reported without amendment