H.R. 4809 — what changed

Guidance Out Of Darkness Act

From Introduced in House to Reported in House. 2 sections amended and 2 added between Introduced in House and Reported in House.

Sec. 2 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).

removed In this Act:

(b)

changed Agency—Previously issued guidance documents— The term “agency ” has With respect to any guidance document issued by an agency before the meaning given effective date of this Act that term is in section 551 effect on the effective date of title 5, United States Code.this Act, the head of each agency shall meet the requirements of subsection (c).

(c)

changed Guidance document—Single location— The term “guidance document”—head of each agency shall:

(1)

changed means Publish any guidance document issued by the whole or agency in a part single location on the publicly accessible Federal Government website (commonly known as regulations.gov) described under section 206(d) of an agency statement the E-Government Act of general or particular applicability and future effect that—2002 (Public Law 107–347; 44 U.S.C. 3501 note).

(i)

removed is designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; and

(ii)

removed has not been issued through the notice and comment process under section 553 of title 5, United States Code;

(2)

changed includes—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).

(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; and

(vii)

removed a blog post; and

(3)

changed does not include a rule, as Ensure that term is defined in section 551 of title 5, United States Code.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 Federal Government website 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.

Sec. 3 Rule of construction

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

(a)

removed In general— On the date on which an agency issues a guidance document, the agency shall publish the guidance document on the Internet website of the agency.

(b)

removed Previously issued guidance documents— Not later than 60 days after the date of enactment of this Act, each agency shall publish on the Internet website of that agency any guidance document issued by that agency during the 10-year period ending on the date of enactment of this Act.

(c)

removed Single location— All guidance documents published under subsections (a) and (b) by an agency shall be published in a single location on the Internet website of the agency.

(d)

removed Rescinded guidance documents— On the date on which a guidance document issued by an agency is rescinded, the agency shall—

(1)

removed maintain the rescinded guidance document at the location described in subsection (c); and

(2)

removed at the location described in subsection (c), indicate—

(A)

removed that the guidance document is rescinded; and

(B)

removed the date on which the guidance document was rescinded.

Sec. 4 Definitions

added

added In this 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. 5 Effective date

added

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