; (2) be treated (including in any civil or criminal proceeding) as having the force and effect of law; or (3) include any provision that— (A) is binding on the public or a State, local, Tribal, or Territorial government; or (B) requires an individual to take or refrain from an action. (c) Effect on CDC employees and contractors Although guidance documents of the Centers for Disease Control and Prevention shall not be binding on the Secretary or the Director of the Centers, the Secretary shall ensure that employees and contractors of the Centers do not deviate from such guidance documents without appropriate justification and supervisory concurrence. (d) Training The Secretary shall— (1) provide training to employees of the Centers for Disease Control and Prevention in how to develop, issue, disseminate, and use guidance documents in accordance with the regulation under subsection (a)(1); and (2) monitor the development, issuance, dissemination, and use of such documents to ensure compliance with the regulation under subsection (a)(1). (e) Public participation in process (1) In general Subject to paragraph (2), the Secretary shall ensure that public participation required by subsection (a)(2)(B) occurs prior to finalization and implementation of any guidance document, including any guidance document that sets forth— (A) initial interpretations of a statute, a regulation, or an emerging public health situation; (B) changes or updates in interpretation or policy that are of more than a minor nature; (C) complex scientific issues; or (D) highly controversial issues. (2) Exceptions The Secretary may provide for public participation required by subsection (a)(2)(B) to occur after the guidance document has been finalized and after implementation of the guidance document has begun if— (A) the Secretary determines that commencing public participation sooner is not feasible or appropriate