; (2) shall state in a plain, prominent and permanent manner that it is not legally binding; and (3) shall, at the time it is issued or upon request, be made available by the issuing agency to interested persons and the public by electronic means and otherwise. Agencies shall avoid the issuance of guidance that is inconsistent or incompatible with, or duplicative of, the agency’s governing statutes or regulations, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. (c) The Administrator of the Office of Information and Regulatory Affairs shall have authority to issue guidelines for use by the agencies in the issuance of major guidance and other guidance. Such guidelines shall assure that each agency avoids issuing guidance documents that are inconsistent or incompatible with, or duplicative of, the law, its other regulations, or the regulations of other Federal agencies, drafts its guidance documents to be simple and easy to understand, and issues guidance in a manner sufficient to provide at least 90 days for affected entities to take steps to comply with such guidance, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. . (b) Clerical amendment The table of sections for chapter 5 of title 5, United States Code, is amended by inserting after the item relating to section 553 the following new item: 553a. Agency guidance; procedures to issue major guidance; authority to issue guidelines for issuance of guidance. . 105. Hearings; presiding employees; powers and duties; burden of proof; evidence