Guidance Clarity Act of 2023

Bill: 118-s-108
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2023-01-26
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Government information and archives
Latest action: action_date: 2023-05-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 58.

Summaries:
action_date: 2023-01-26
action_desc: Introduced in Senate
text: <p><b>Guidance Clarity Act of 2023</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.</p>

action_date: 2023-05-09
action_desc: Reported to Senate
text: <p><b>Guidance Clarity Act of 2023</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.</p>

tv_txt: II Calendar No. 58 118th CONGRESS 1st Session S. 108 [Report No. 118–19] 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.

1. Short title This Act may be cited as the Guidance Clarity Act of 2023 . 2. Guidance clarity statement required (a) Requirement Each agency, as defined in section 551 of title 5, United States Code, shall include a guidance clarity statement as described in subsection (b) on any guidance issued by that agency under section 553(b)(3)(A) of title 5, United States Code, on and after the date that is 30 days after the date on which the Director of the Office of Management and Budget issues the guidance required under subsection (c). (b) Guidance clarity statement A guidance clarity statement required under subsection (a) 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 do not, of themselves, bind the public or the agency. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. . (c) OMB guidance Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to implement this Act.

May 9, 2023 Reported without amendment

tv_txt: II 118th CONGRESS 1st Session S. 108 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 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 2023 . 2. Guidance clarity statement required (a) Requirement Each agency, as defined in section 551 of title 5, United States Code, shall include a guidance clarity statement as described in subsection (b) on any guidance issued by that agency under section 553(b)(3)(A) of title 5, United States Code, on and after the date that is 30 days after the date on which the Director of the Office of Management and Budget issues the guidance required under subsection (c). (b) Guidance clarity statement A guidance clarity statement required under subsection (a) 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 do not, of themselves, bind the public or the agency. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. . (c) OMB guidance Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to implement this Act.