I 

116TH CONGRESS 

1ST SESSION H. R. 5270 

To require a guidance clarity statement on certain agency guidance, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 26, 2019 

Mr. LUETKEMEYER (for himself, Mr. JORDAN, Mr. HUIZENGA, Mr. BUDD, 

Mr. TIMMONS, Mr. RIGGLEMAN, Mrs. HARTZLER, Mr. GONZALEZ of 

Ohio, Mr. LONG, Mr. HILL of Arkansas, and Mr. ZELDIN) introduced the 

following bill; which was referred to the Committee on Oversight and Reform 

A BILL 

To require a guidance clarity statement on certain agency 

guidance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guidance Clarity Act 

5 of 2019’’. 

6 SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED. 

7 (a) IN GENERAL.—The head of each agency shall in8 clude a guidance clarity statement as described in subVerDate Sep 11 2014 02:44 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5270.IH H5270

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1 section (b) on any guidance issued by that agency on and 

2 after the date of the enactment of this Act. 

3 (b) GUIDANCE CLARITY STATEMENT.—A guidance 

4 clarity statement required under subsection (a) shall be 

5 displayed prominently on the first page of the document 

6 and shall include the following: ‘‘This guidance does not 

7 have the force and effect of law and therefore does not 

8 establish any rights or obligations for any person and is 

9 not binding on the agency or the public. If this guidance 

10 suggests how regulated entities may comply with applica11 ble statutes or regulations, noncompliance with this guid12 ance does not conclusively establish a violation of applica13 ble law.’’. 

14 (c) DEFINITIONS.—In this section: 

15 (1) AGENCY.—The term ‘‘agency’’ has the 

16 meaning given that term in section 551 of title 5, 

17 United States Code. 

18 (2) GUIDANCE.—The term ‘‘guidance’’ means 

19 an agency statement of general applicability, in20 tended to have a future effect on the behavior of 

21 regulated parties, that sets forth a policy on a statu22 tory, regulatory, or technical issue, or an interpreta23 tion of a statute or regulation, but does not in24 clude— 


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1 (A) a rule promulgated pursuant to notice 

2 and comment under section 553 of title 5, 

3 United States Code; 

4 (B) a rule exempt from rulemaking re5 quirements under section 553(a) of title 5, 

6 United States Code; 

7 (C) a rule of agency organization, proce8 dure, or practice; 

9 (D) a decision of an agency adjudication 

10 under section 554 of title 5, United States 

11 Code, or any similar statutory provision; 

12 (E) internal guidance directed to the 

13 issuing agency or other agency that is not in14 tended to have a substantial future effect on 

15 the behavior of regulated parties; or 

16 (F) internal executive branch legal advice 

17 or legal opinions addressed to executive branch 

18 officials. 

19 (3) RULE.—The term ‘‘rule’’ has the meaning 

20 given that term in section 551 of title 5, United 

21 States Code. 

Æ 


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