Title 5

SECTION 2611.201

2611.201 Designation and marking of guidance documents.

§ 2611.201 Designation and marking of guidance documents.

(a) Designation of guidance documents. OGE will determine whether a document constitutes a guidance document prior to issuance.

(b) Marking of guidance documents. All guidance documents will:

(1) Identify the activity and entities to which the guidance applies;

(2) Note if the guidance document revises a previously issued guidance document and the guidance document which it revises or replaces;

(3) Include a summary of the subject matter covered by the guidance document;

(4) Include a citation to the statutes and regulations to which the guidance applies;

(5) Include a unique identifier;

(6) Include a title;

(7) Identify the date of issuance or revision;

(8) Include the term “guidance”; and

(9) Include a clear and prominent statement declaring that the contents of the document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. To the extent to which a guidance document provides an interpretation of the government ethics laws and regulations or concerns aspects of ethics program management, the statement will note that such provisions are controlling within the executive branch.

(c) Avoidance of mandatory language. Guidance documents will avoid using mandatory language, such as “shall,” “must,” “required,” or “requirement,” unless the language is describing an established statutory or regulatory requirement and will not foreclose OGE's consideration of positions advanced by affected private parties.

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