,,ii #aaeth ,,congress #ast ,session ,s4 #ehj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #h1 #bjag,mr4 ,lankford introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish agency procedures for the issuance of guidance documents1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,truth in ,regulations ,act of #bjag4 #b4 ,agency ,standards for ,guidance ,documents 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,office of ,information and ,regulatory ,affairs in the ,office of ,management and ,budget4 7#b7 ,agency ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#c7 ,guidance document ,the term guidance document-- 7,a7 means an agency statement of general applicability and future effect1 other than a regulatory action1 that sets forth a policy on a statutory1 regulatory1 or technical issue or an interpretation of a statutory or regulatory issue2 and 7,b7 does not include-- 7i7 a legal advisory opinion for internal executive branch use and not for release 7such as ,department of ,justice ,office of ,legal ,counsel opinions72 7ii7 a brief or other position taken by an agency in an investigation1 pre-litigation1 litigation1 or other enforcement proceeding2 7iii7 a speech1 editorial1 media interview1 press material1 or congressional correspondence2 7iv7 a guidance document that relates to a military or foreign affairs function of the ,united ,states 7other than a guidance document on procurement or the import or export of non-defense articles and services72 7v7 a grant solicitation1 warning letter1 or case or investigatory letter responding to a complaint involving a fact-specific determination2 7vi7 a purely internal agency policy2 7vii7 a guidance document that relates to the use1 operation1 or control of a government facility2 7viii7 an internal guidance document directed solely to other agencies2 or 7ix7 any other category of guidance documents exempted by the head of an agency1 in consultation with the ,administrator4 7#d7 ,regulation ,the term regulation means an agency statement of general applicability and future effect1 which the agency intends to have the force and effect of law1 that is designed to implement1 interpret1 or prescribe law or policy or to describe the procedure or practice requirements of an agency4 7#e7 ,regulatory action ,the term regulatory action means any substantive action by an agency 7normally published in the ,federal ,register7 that promulgates or is expected to lead to the promulgation of a final regulation1 including notices of inquiry1 advance notices of inquiry and notices of proposed rule making4 7b7 ,approval procedures 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #baj days after the date of enactment of this ,act1 the head of each agency shall develop or have written procedures for the approval of guidance documents1 which shall ensure that the issuance of guidance documents is approved by each appropriate senior agency official4 7#b7 ,exception ,an employee of an agency may not deviate from the requirements of the procedures developed pursuant to paragraph 7#a7 unless-- 7,a7 the employee has submitted an appropriate justification to a supervisor who is an appropriate senior agency official described paragraph 7#a7 or the head of the agency2 and 7,b7 the supervisor or head of the agency has agreed to the deviation4 7c7 ,contents of guidance document 7#a7 ,requirements ,each guidance document issued by an agency shall include the following3 7,a7 ,the term guidance or a functional equivalent of that term4 7,b7 ,an identification of each agency and office issuing the document4 7,c7 ,an identification of the activity to which and the person to whom the guidance document applies4 7,d7 ,the date of issuance4 7,e7 ,if the document is a revision to a previously issued guidance document1 a notation of such and an identification of the document replaced4 7,f7 ,the title of the document and any identification number1 if applicable4 7,g7 ,a citation to the statutory provision or regulation to which the document applies or interprets4 7#b7 ,prohibited ,a guidance document may not include mandatory language such as shall1 must1 required1 or requirement1 unless-- 7,a7 the agency is using these words to describe a statutory or regulatory requirement2 7,b7 the language is addressed to agency employees2 or 7,c7 the prohibition against that mandatory language prevents agency consideration of a position advanced by any affected private party4 7d7 ,public access and feedback for guidance documents 7#a7 ,internet access 7,a7 ,list required ,the head of each agency shall maintain on the website of the agency a list of each guidance document in effect1 which shall include the following3 7i7 ,the name of each guidance document4 7ii7 ,any document identification number4 7iii7 ,the dates of issuance and revision4 7iv7 ,an identification of which documents have been added1 revised1 or withdrawn during the previous year4 7,b7 ,link to document required ,the head of the agency shall provide a link from the list described in subparagraph 7,a7 to each such guidance document4 7,c7 ,updates to website ,not later than #cj days after the date on which a guidance document is issued1 the head of the agency shall update the list of guidance documents and links described in this paragraph accordingly4 7#b7 ,public feedback 7,a7 ,submission of public comments 7i7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the head of each agency shall establish and prominently display on the website of the agency a means for the public-- 7,i7 to electronically submit comments on any guidance document2 and 7,,ii7 to electronically submit a request for issuance1 reconsideration1 modification1 or rescission of any guidance document4 7ii7 ,no response required ,any public comment submitted under this paragraph is for the benefit of the agency1 and a formal response to any such comment by the agency is not required4 7,b7 ,complaints by the public ,the head of each agency shall-- 7i7 designate one or more offices to receive and address complaints submitted by the public that the agency is not following the procedures in this section or is improperly treating a guidance document as a binding requirement2 and 7ii7 provide1 on the website of the agency1 the name and contact information for any office described in clause 7i74 7e7 ,notice and public comment for guidance documents 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #fj days after the date on which an agency prepares a draft of a guidance document1 the agency shall complete the following requirements3 7,a7 ,publish a notice in the ,federal ,register announcing that the draft document is available4 7,b7 ,post the draft document on the website of the agency and make the draft publicly available in hard copy 7or notify the public how the guidance document may be reviewed if not in a format that permits electronic posting with reasonable efforts74 7,c7 ,invite public comment on the draft document4 7,d7 ,prepare and post on the website of the agency a response-to-comments document4 7#b7 ,exemptions ,notwithstanding paragraph 7#a71 the head of an agency1 in consultation with the ,administrator1 may designate a guidance document or group of guidance documents as exempt from the requirements of this section for being not feasible or appropriate4 7f7 ,exigent circumstances 7#a7 ,in general ,in an imminent threat to public health or safety or similar exigent circumstance exists or when an agency is required by law to act more quickly than the procedures described in this section allow1 the head of the agency shall certify the circumstance to the ,administrator as soon as possible and1 to the extent practicable1 comply with this section4 7#b7 ,other deadlines ,for any guidance document that is governed by a statutory or court-imposed deadline1 the agency shall1 to the extent practicable1 schedule any proceeding for such document to permit sufficient time to comply with this section4 7g7 ,applicability ,this section does not affect the authority of an agency to communicate the views of the agency in court or in any other enforcement proceeding4 7h7 ,effective date ,the requirements of this section shall take effect #ahj days after the date of enactment of this ,act4 #c4 ,limitations on use of interim final rules 7a7 ,enhanced showing required for interim final rules ,section #eec7;b77,b7 of title #e1 ,united ,states ,code1 is amended by striking for good cause and all that follows through the period at the end and inserting the following3 determines that an imminent threat to public health or safety or similar exigent circumstance exists44 7b7 ,required publication or service date ,section #eec7;d77#c7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#c7 in the case of any rule to which the exception under subsection 7b77,b7 applies4 4 7c7 ,lookback period for interim final rules ,section #eec of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,in the case of a rule making in which the exception under subsection 7b77,b7 was applied1 by not later than #ah months after the rule takes effect1 the agency shall provide for a period in which interested persons may submit written data1 views1 or arguments1 in the same manner as submissions under subsection 7c71 shall give such submissions due consideration1 and1 if appropriate1 repeal or amend the rule accordingly4 4