S.Amdt. 5538Senate117th Congress (2021-2023)2nd degree

S.Amdt. 5538

What it does: Adds SEC. ___. GUIDANCE CLARITY wherever appropriate
Submitted September 21, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. ___. GUIDANCE CLARITY wherever appropriate

    Adds a section

    Inserted: SEC. ___. GUIDANCE CLARITY.

    Inserted: (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).

    Inserted: (b) Guidance Clarity Statement.--A guidance clarity statement required under subsection (a) shall--

    Inserted: (1) be displayed prominently on the first page of the document; and

    Inserted: (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.".

    Inserted: (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 section.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 5538. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. GUIDANCE CLARITY.

(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 section.

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Senate amendment submitted

September 21, 2022