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 Re-
form 
A BILL 
To require a guidance clarity statement on certain agency 
guidance, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guidance Clarity Act 
of 2019’’. 
SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED. 
(a) IN GENERAL.—The head of each agency shall in-
clude a guidance clarity statement as described in sub-
VerDate Sep 11 2014 
02:44 Dec 06, 2019
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5270.IH
H5270
kjohnson on DSK79L0C42 with BILLS
section (b) on any guidance issued by that agency on and 
after the date of the enactment of this Act. 
(b) GUIDANCE CLARITY STATEMENT.—A guidance 
clarity statement required under subsection (a) shall be 
displayed prominently on the first page of the document 
and shall include the following: ‘‘This guidance does not 
have the force and effect of law and therefore does not 
establish any rights or obligations for any person and is 
not binding on the agency or the public. If this guidance 
suggests how regulated entities may comply with applica-
ble statutes or regulations, noncompliance with this guid-
ance does not conclusively establish a violation of applica-
ble law.’’. 
(c) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(2) GUIDANCE.—The term ‘‘guidance’’ means 
an agency statement of general applicability, in-
tended to have a future effect on the behavior of 
regulated parties, that sets forth a policy on a statu-
tory, regulatory, or technical issue, or an interpreta-
tion of a statute or regulation, but does not in-
clude— 
VerDate Sep 11 2014 
02:44 Dec 06, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5270.IH
H5270
kjohnson on DSK79L0C42 with BILLS
(A) a rule promulgated pursuant to notice 
and comment under section 553 of title 5, 
United States Code; 
(B) a rule exempt from rulemaking re-
quirements under section 553(a) of title 5, 
United States Code; 
(C) a rule of agency organization, proce-
dure, or practice; 
(D) a decision of an agency adjudication 
under section 554 of title 5, United States 
Code, or any similar statutory provision; 
(E) internal guidance directed to the 
issuing agency or other agency that is not in-
tended to have a substantial future effect on 
the behavior of regulated parties; or 
(F) internal executive branch legal advice 
or legal opinions addressed to executive branch 
officials. 
(3) RULE.—The term ‘‘rule’’ has the meaning 
given that term in section 551 of title 5, United 
States Code. 
Æ 
VerDate Sep 11 2014 
02:44 Dec 06, 2019
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H5270.IH
H5270
kjohnson on DSK79L0C42 with BILLS