US Codex
Bill
Notes

H.R. 4809 — what changed

Guidance Out Of Darkness Act

From Reported in House to Engrossed in House. 4 sections amended and 1 added between Reported in House and Engrossed in House.

Sec. 2 Purpose

added 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.

(a)
removed 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)
removed 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)
removed Single location— The head of each agency shall:
(1)
removed 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)
removed 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)
removed Ensure that any guidance document published pursuant to paragraph (1) is—
(A)
removed clearly identified as a guidance document;
(B)
removed sorted into subcategories, as appropriate;
(C)
removed published in a machine-readable and open format; and
(D)
removed searchable.
(4)
removed Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency.
(d)
removed Rescinded guidance documents— Not later than the date on which a guidance document issued by an agency is rescinded, the head of the agency shall on the Federal Government website described in subsection (c)(1)—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)
removed maintain a copy of the rescinded guidance document; and
(2)
removed indicate—
(A)
removed that the guidance document is rescinded; and
(B)
removed the date on which the guidance document was rescinded.

Sec. 3 Publication of guidance documents on the internet

(a)
added 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)
added 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)
added Single location— The head of each agency shall:
(1)
added 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)
added 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)
added Ensure that any guidance document published pursuant to paragraph (1) is—
(A)
added clearly identified as a guidance document;
(B)
added sorted into subcategories, as appropriate;
(C)
added published in a machine-readable and open format; and
(D)
added searchable.
(4)
added Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency.
(d)
added 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)
added maintain a copy of the rescinded guidance document; and
(2)
added indicate—
(A)
added that the guidance document is rescinded; and
(B)
added the date on which the guidance document was rescinded.
(e)
added 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).

removed In this Act, the term “guidance document” shall be construed broadly.

Sec. 4 Rules of construction

(a)
added Guidance documents— In this Act, the term “guidance document” shall be construed broadly.

removed In this Act:

(b)
changed Agency—Congressional review— The term “agency ” has the meaning given that term Nothing in section 551 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.
(2)
removed Guidance document— The term “guidance document”—
(A)
removed 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)
removed does not have the force and effect of law; and
(ii)
removed sets forth—
(I)
removed an agency decision or a policy on a statutory, regulatory, or technical issue; or
(II)
removed an interpretation of a statutory or regulatory issue; and
(B)
removed may include any of the following:
(i)
removed A memorandum.
(ii)
removed A notice.
(iii)
removed A bulletin.
(iv)
removed A directive.
(v)
removed A news release.
(vi)
removed A letter.
(vii)
removed A blog post.
(viii)
removed A no-action letter.
(ix)
removed A speech by an agency official.
(x)
removed An advisory.
(xi)
removed A manual.
(xii)
removed A circular.
(xiii)
removed Any combination of the items described in clauses (i) through (xii).
(3)
removed Rule— The term “rule” has the meaning given that term in section 551 of title 5, United States Code.

Sec. 5 Definitions

changed This Act shall take effect on the date that is 180 days after the date of the enactment of In this Act.Act:

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

Sec. 6 Effective date

added

added 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.