Section 1 Short title
This Act may be cited as the “Guidance Clarity Act of 2018”.
Guidance Clarity Act of 2018
A BILL
To require a guidance clarity statement on certain agency documents.
Sec. 2 Guidance clarity statement required
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—
is not issued in accordance with the rule making process set forth in section 553 of title 5, United States Code; and
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.
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.”.
Agency defined— In this section, the term “agency” has the meaning given that term in section 551 of title 5, United States Code.