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Bill
Notes

S. 533 — what changed

Guidance Clarity Act of 2021

From Reported in Senate to Engrossed in Senate. 1 section amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Guidance clarity statement required

(a)
changed Definitions—Requirement— In this section: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).
(1)
removed Agency; rule— The terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code.
(2)
removed Guidance— The term guidance—
(A)
removed 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)
removed does not include—
(i)
removed a rule promulgated pursuant to notice and comment under section 553 of title 5, United States Code;
(ii)
removed a rule exempt from rulemaking requirements under section 553(a) of title 5, United States Code;
(iii)
removed a rule of agency organization, procedure, or practice;
(iv)
removed a decision of an agency adjudication under section 554 of title 5, United States Code, or any similar statutory provision;
(v)
removed 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)
removed internal executive branch legal advice or legal opinions addressed to executive branch officials.
(b)
changed Requirement—Guidance clarity statement— Each agency shall include a A guidance clarity statement as described in required under subsection (c) on any guidance issued by that agency on and after the date of enactment of this Act.(a) shall—
(c)
removed Guidance clarity statement— A guidance clarity statement required under subsection (b) shall—
(1)
renumbered was (4)(3) be displayed prominently on the first page of the document; and
(2)
added 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)
added 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.
(2)
removed 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.”.