[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7378 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7378

  To require a guidance clarity statement on certain agency documents.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2018

 Mr. Luetkemeyer (for himself, Mr. LaMalfa, Mr. Long, Mr. Norman, Mr. 
     Kelly of Mississippi, Mr. Smith of Missouri, and Mrs. Wagner) 
 introduced the following bill; which was referred to the Committee on 
                    Oversight and Government Reform

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                                 A BILL


 
  To require a guidance clarity statement on certain agency documents.

    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 2018''.

SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED.

    (a) In General.--A head of an agency shall include a guidance 
clarity statement as described in subsection (b) on any document the 
head of the agency issues that--
            (1) is not issued in accordance with the rule making 
        process set forth in section 553 of title 5, United States 
        Code; and
            (2) advises the public of the agency's interpretation of a 
        statute or regulation that the agency administers, or advises 
        the public of the manner in which the agency intends to 
        exercise a discretionary power.
    (b) Contents of Guidance Clarity Statement.--Any guidance clarity 
statement required under subsection (a) shall be displayed prominently 
on the first page of the document and shall include the following: 
``This document has not been issued in accordance with the rule making 
process set forth in section 553 of title 5, United States Code, and 
therefore it is not legally binding. Noncompliance with any standard, 
expectation, or requirement described in this document does not 
definitively establish the violation of a statute or regulation.''.
    (c) Agency Defined.--In this section, the term ``agency'' has the 
meaning given that term in section 551 of title 5, United States Code.
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