[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4809 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 4809

_______________________________________________________________________

                                 AN ACT


 
            To increase access to agency guidance 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 Out Of Darkness Act'' or 
the ``GOOD Act''.

SEC. 2. PURPOSE.

     It is the purpose of this Act to increase the transparency of 
agency guidance documents and to make guidance documents more readily 
available to the public.

SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET.

    (a) In General.--On the date on which an agency issues a guidance 
document, the head of the agency shall publish the guidance document in 
accordance with subsection (c).
    (b) Previously Issued Guidance Documents.--With respect to any 
guidance document issued by an agency before the effective date of this 
Act that is in effect on the effective date of this Act, the head of 
each agency shall meet the requirements of subsection (c).
    (c) Single Location.--The head of each agency shall:
            (1) Publish any guidance document issued by the agency in a 
        single location on an online portal designated by the Director 
        of the Office of Management and Budget.
            (2) With respect to a guidance document issued by an 
        agency, include a hyperlink on the online portal of the agency 
        that provides access to the guidance document published 
        pursuant to paragraph (1).
            (3) Ensure that any guidance document published pursuant to 
        paragraph (1) is--
                    (A) clearly identified as a guidance document;
                    (B) sorted into subcategories, as appropriate;
                    (C) published in a machine-readable and open 
                format; and
                    (D) searchable.
            (4) Ensure that any hyperlink described in paragraph (2) be 
        prominently displayed on the online portal of the agency.
    (d) Rescinded Guidance Documents.--Not later than the date on which 
a guidance document issued by an agency is rescinded, the head of the 
agency shall on the online portal described in subsection (c)(1)--
            (1) maintain a copy of the rescinded guidance document; and
            (2) indicate--
                    (A) that the guidance document is rescinded; and
                    (B) the date on which the guidance document was 
                rescinded.
    (e) Deadline to Designate Portal.--Not later than 30 days after the 
date of the enactment of this Act, the Director of the Office of 
Management and Budget shall designate an online portal in accordance 
with subsection (c)(1).

SEC. 4. RULES OF CONSTRUCTION.

    (a) Guidance Documents.--In this Act, the term ``guidance 
document'' shall be construed broadly.
    (b) Congressional Review.--Nothing in this Act may be construed to 
affect whether a guidance document qualifies as a rule for purposes of 
chapter 8 of title 5, United States Code.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (2) Guidance document.--The term ``guidance document''--
                    (A) means an agency statement of general 
                applicability (other than a rule that has the force and 
                effect of law promulgated in accordance with the notice 
                and public procedure under section 553 of title 5, 
                United States Code) that--
                            (i) does not have the force and effect of 
                        law; and
                            (ii) sets forth--
                                    (I) an agency decision or a policy 
                                on a statutory, regulatory, or 
                                technical issue; or
                                    (II) an interpretation of a 
                                statutory or regulatory issue; and
                    (B) may include any of the following:
                            (i) A memorandum.
                            (ii) A notice.
                            (iii) A bulletin.
                            (iv) A directive.
                            (v) A news release.
                            (vi) A letter.
                            (vii) A blog post.
                            (viii) A no-action letter.
                            (ix) A speech by an agency official.
                            (x) An advisory.
                            (xi) A manual.
                            (xii) A circular.
                            (xiii) Any combination of the items 
                        described in clauses (i) through (xii).
            (3) Rule.--The term ``rule'' has the meaning given that 
        term in section 551 of title 5, United States Code.

SEC. 6. EFFECTIVE DATE.

    Except as provided in section 3(e), this Act shall take effect on 
the date that is 180 days after the date of the enactment of this Act.

            Passed the House of Representatives September 26, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4809

_______________________________________________________________________

                                 AN ACT

            To increase access to agency guidance documents.