[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 890 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 890
To increase access to agency guidance documents.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Comer (for himself, Mr. Perry, Mr. Biggs, Mr. Higgins of Louisiana,
Mr. Burchett, Mr. Sessions, Ms. Foxx, Ms. Mace, Mrs. Boebert, Mr. Fry,
and Mr. Palmer) introduced the following bill; which was referred to
the Committee on Oversight and Accountability
_______________________________________________________________________
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. 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) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Guidance document.--
(A) Definition.--The term ``guidance document''--
(i) 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 comment
procedures 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).
SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET.
(a) In General.--Subject to subsection (d), on the date on which an
agency issues a guidance document, the agency shall publish the
guidance document in accordance with the requirements under subsection
(c).
(b) Previously Issued Guidance Documents.--Subject to subsection
(d), not later than 180 days after the date of enactment of this Act,
each agency shall publish, in accordance with the requirements under
subsection (c), any guidance document issued by that agency that is in
effect on that date.
(c) Single Location.--
(1) In general.--All guidance documents published under
subsections (a) and (b) by an agency shall be published in a
single location on an internet website designated by the
Director under paragraph (4).
(2) Agency internet websites.--Each agency shall, for
guidance documents published by the agency under subsections
(a) and (b), publish a hyperlink on the internet website of the
agency that provides access to the guidance documents at the
location described in paragraph (1).
(3) Organization.--
(A) In general.--The guidance documents described
in paragraph (1) shall be--
(i) categorized as guidance documents; and
(ii) further divided into subcategories as
appropriate.
(B) Agency internet websites.--The hyperlinks
described in paragraph (2) shall be prominently
displayed on the internet website of the agency.
(4) Designation.--Not later than 90 days after the date of
enactment of this Act, the Director shall designate an internet
website on which guidance documents shall be published under
subsections (a) and (b).
(d) Documents and Information Exempt From Disclosure Under FOIA.--
If a guidance document issued by an agency is a document that is exempt
from disclosure under section 552(b) of title 5, United States Code
(commonly known as the ``Freedom of Information Act''), or contains
information that is exempt from disclosure under that section, that
document or information, as the case may be, shall not be subject to
the requirements under this Act.
(e) Rescinded Guidance Documents.--On the date on which a guidance
document issued by an agency is rescinded, or, in the case of a
guidance document that is rescinded pursuant to a court order, not
later than the date on which the order is entered, the agency shall, at
the location described in subsection (c)(1)--
(1) maintain the rescinded guidance document; and
(2) indicate--
(A) that the guidance document is rescinded;
(B) if the guidance document was rescinded pursuant
to a court order, the case number of the case in which
the order was entered; and
(C) the date on which the guidance document was
rescinded.
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