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

<DOC>





                                                 Union Calendar No. 760
115th CONGRESS
  2d Session
                                H. R. 4809

                          [Report No. 115-972]

            To increase access to agency guidance documents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2018

  Mr. Walker introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                           September 25, 2018

 Additional sponsors: Mr. Gaetz, Mr. Rouzer, Mr. Jones, and Mr. Rokita

                           September 25, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               16, 2018]


_______________________________________________________________________

                                 A BILL


 
            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. 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 the publicly accessible Federal Government 
        website (commonly known as regulations.gov) described under 
        section 206(d) of the E-Government Act of 2002 (Public Law 107-
        347; 44 U.S.C. 3501 note).
            (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 Federal Government website 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.

SEC. 3. RULE OF CONSTRUCTION.

    In this Act, the term ``guidance document'' shall be construed 
broadly.

SEC. 4. 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. 5. EFFECTIVE DATE.

    This Act shall take effect on the date that is 180 days after the 
date of the enactment of this Act.
                                                 Union Calendar No. 760

115th CONGRESS

  2d Session

                               H. R. 4809

                          [Report No. 115-972]

_______________________________________________________________________

                                 A BILL

            To increase access to agency guidance documents.

_______________________________________________________________________

                           September 25, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed