January 13, 2025
Mr. Lankford (for himself and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
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 2025
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Sec. 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.
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(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.