S. 252

119th CONGRESS 1st Session

To increase access to agency guidance documents.

IN THE SENATE OF THE UNITED STATES · January 24, 2025 · Sponsor: Mr. Johnson · Committee: Committee on Homeland Security and Governmental Affairs

Table of contents

• S. 252
  • SEC. 1. Short title
  • SEC. 2. Definitions
  • SEC. 3. Publication of guidance documents on the internet

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Definitions

• In this Act:
  • The term agency has the meaning given the term in section 551 of title 5, United States Code.
  • The term Director means the Director of the Office of Management and Budget.

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 ), 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. Freedom of Information 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)—
    • maintain the rescinded guidance document; and
    • indicate—
      • that the guidance document is rescinded;
      • if the guidance document was rescinded pursuant to a court order, the case number of the case in which the order was entered; and
      • the date on which the guidance document was rescinded.