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. The Office of Management and Budget must issue guidance to implement this requirement.
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) 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 (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 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.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives October 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                       Calendar No. 353

117th CONGRESS

  2d Session

                               H. R. 1508

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Guidance Clarity Act of 2021
To require a guidance clarity statement on certain agency guidance, and for other purposes.
Guidance Clarity Act of 2021
Guidance Clarity Act of 2021
Guidance Clarity Act of 2021
Rep. Luetkemeyer, Blaine