Title: Guidance Clarity Act of 2019
Policy area: Government Operations and Politics

Summary:
Guidance Clarity Act of 2019  This bill requires federal agencies to state on the first page of guidance documents that (1) such guidance does not have the force and effect of law, and (2) noncompliance by regulated parties with suggested behavior in such guidance does not conclusively establish a violation of applicable law. Excluded from this requirement is guidance directed to the issuing agency or other agency that is not intended to have a substantial effect on the behavior of regulated parties, as well as internal executive branch legal advice or opinions addressed to executive branch officials.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5270 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives 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 include a guidance 
clarity statement as described in subsection (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 applicable statutes or regulations, 
noncompliance with this guidance does not conclusively establish a 
violation of applicable 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, intended to have a future 
        effect on the behavior of regulated parties, that sets forth a 
        policy on a statutory, regulatory, or technical issue, or an 
        interpretation of a statute or regulation, but does not 
        include--
                    (A) a rule promulgated pursuant to notice and 
                comment under section 553 of title 5, United States 
                Code;
                    (B) a rule exempt from rulemaking requirements 
                under section 553(a) of title 5, United States Code;
                    (C) a rule of agency organization, procedure, 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 intended 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.
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