[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Pages S5302-S5303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3497. Mr. JOHNSON (for himself, Mrs. Ernst, and Mr. Blunt) 
submitted an amendment intended to be proposed to amendment SA 3399 
proposed by Mr. Shelby to the bill H.R. 6147, making appropriations for 
the Department of the Interior, environment, and related agencies for 
the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. PUBLICATION OF GUIDANCE DOCUMENTS IN THE INTERNET.

       (a) 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 document.--
       (A) Definition.--The term ``guidance document''--
       (i) means an agency statement of general applicability, 
     other than a rule promulgated under section 553 of title 5, 
     United States Code, that--

       (I) does not have the force and effect of law; and
       (II) is designated by an agency official as setting forth--

       (aa) a policy on a statutory, regulatory, or technical 
     issue; or
       (bb) an interpretation of a statutory or regulatory issue; 
     and
       (ii) may include--

       (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; and
       (X) any combination of the items described in subclauses 
     (I) through (IX).

       (B) Rule of construction.--The term ``guidance document''--
       (i) shall be construed broadly to effectuate the purpose 
     and intent of this Act; and
       (ii) shall not be limited to the items described in 
     subparagraph (A)(ii).
       (b) Publication of Guidance Documents on the Internet.--
       (1) In general.--On the date on which an agency issues a 
     guidance document, the agency shall publish the guidance 
     document in accordance with the requirements under paragraph 
     (3).
       (2) Previously issued guidance documents.--Not later than 
     180 days after the date of enactment of this Act, each agency 
     shall publish, in accordance with the requirements under 
     paragraph (3), any guidance document issued by that agency 
     that is in effect on that date.
       (3) Single location.--
       (A) In general.--All guidance documents published under 
     paragraphs (1) and (2) by an agency shall be published in a 
     single location on the Internet website under section 206(d) 
     of the E-Government Act of 2002 (44 U.S.C. 3501 note) 
     (commonly known as regulations.gov).
       (B) Agency internet websites.--Each agency shall, for 
     guidance documents published by the agency under paragraphs 
     (1) and (2), publish a hyperlink on the Internet website of 
     the agency that provides access to the guidance documents at 
     the location described in subparagraph (A).
       (C) Organization.--
       (i) In general.--The guidance documents described in 
     subparagraph (A) shall be--

[[Page S5303]]

       (I) categorized as guidance documents; and
       (II) further divided into subcategories as appropriate.

       (ii) Agency internet websites.--The hyperlinks described in 
     subparagraph (B) shall be prominently displayed on the 
     Internet website of the agency.
       (4) Rescinded guidance documents.--On the date on which a 
     guidance document issued by an agency is rescinded, the 
     agency shall, at the location described in paragraph (3)(A)--
       (A) maintain the rescinded guidance document; and
       (B) indicate--
       (i) that the guidance document is rescinded; and
       (ii) the date on which the guidance document was rescinded.
       (5) Rule of construction.--Nothing in this section shall be 
     construed to compel or authorize the disclosure of 
     information that is prohibited from disclosure by law.
                                 ______