In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Center for Excellence in 
Research and Development Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Due to the end of the Cold War, the United States has 
        not recently conducted underground nuclear testing at the 
        Department of Energy facility known as the Nevada Test Site, 
        Nevada, and the United States does not plan to conduct such 
        testing in the foreseeable future.
            (2) Because the world political situation is ever-changing 
        and dangerous, it is imperative that the United States remain 
        strong militarily and continue to be a nuclear superpower.
            (3) It is imperative that portions of the Nevada Test Site 
        be maintained in a full state of readiness to ensure the 
        capability of the nuclear arsenal of the United States.
            (4) The Nevada Test Site is in a beneficial location for 
        activities suitable for research and development of emerging 
        technologies that will be important to the United States in the 
        21st century.
            (5) Technology development carried out at the Nevada Test 
        Site should include both private-sector and military projects.
            (6) The Nevada Test Site can support the stewardship of the 
        Nation's nuclear weapons stockpile, the nonproliferation of 
        nuclear weapons, and the technological competitiveness of the 
        United States by providing the environment for nuclear and non-
        nuclear test and demonstration experiments and projects for 
        government, industry, and academia.
            (7) The Nevada Test Site can provide the infrastructure to 
        support industrial and civilian tests of environmentally 
        demanding projects and programs in addition to maintaining its 
        readiness capability in support of the nuclear arsenal.
            (8) The Nevada Test Site can support the testing and 
        demonstration of environmental clean-up technologies by 
        government and industry.
            (9) The Nevada Test Site can support the testing of 
        alternative and renewable energy sources for environmentally 
        clean and economically competitive replacements for traditional 
        fossil energy sources and uses in many parts of Nevada and in 
        the United States as a whole.
            (10) The Nevada Test Site can provide support for 
        disarmament activities such as the demonstration of rocket 
        motor destruction technology and conventional munitions 
        destruction technology.
            (11) The Nevada Test Site can support non-proliferation 
        experiments in disablement, nuclear forensics, sensors, and 
        verification and monitoring.
            (12) The Nevada Test Site can support treaty-compliant 
        experiments for stockpile stewardship purposes.
            (13) The size and remoteness of the Nevada Test Site make 
        the Nevada Test Site well-suited for a multitude of activities 
        associated with the restructuring of the United States 
        military.
            (14) The Nevada Test Site can also support non-
        proliferation, counter-proliferation, and counter-terrorism 
        activities.

SEC. 3. PURPOSES.

    It is the purpose of this Act--
            (1) to ensure full operational readiness of the underground 
        nuclear testing facilities and infrastructure of the Nevada 
        Test Site;
            (2) to ensure an appropriate level of funds for such 
        readiness to be maintained;
            (3) to create a National Test and Demonstration Center of 
        Excellence at the Nevada Test Site for the promotion of 
        disarmament, demilitarization, alternative and renewable energy 
        sources, the nonproliferation of nuclear weapons, counter-
        proliferation of nuclear weapons, sensor development, and 
        environmentally sensitive technologies; and
            (4) to ensure the availability of the Nevada Test Site, 
        within appropriate restrictions, for use by private-sector 
        industries seeking to make use of the inherent qualities that 
        make the Nevada Test Site the greatest outdoor laboratory in 
        the world.

SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE.

    (a) Authorization of Appropriations.--
            (1) In general.--The amount referred to in paragraph (2) is 
        hereby authorized to be appropriated to the Secretary of Energy 
        for fiscal year 1995 and each fiscal year thereafter to 
        maintain the operational readiness of the underground nuclear 
        testing facilities and infrastructure of the Nevada Test Site.
            (2) Authorized amount.--The amount referred to in paragraph 
        (1) is not less than the amount appropriated to the Secretary 
        of Energy for fiscal year 1992 to maintain the operational 
        readiness of the underground nuclear testing facilities and 
        infrastructure of the Nevada Test Site.
    (b) Staffing Levels.--The Secretary of Energy shall maintain a 
staffing level at the Nevada Test Site that the Secretary considers 
sufficient to carry out activities under this Act in addition to any 
other activities conducted by the Department of Energy at the Nevada 
Test Site.
    (c) Infrastructure Assessments and Activities.--The Secretary of 
Energy, through the Nevada Test Site Operations Office, shall carry out 
any infrastructure assessments and activities necessary to accommodate 
new projects and initiatives at the Nevada Test Site.

SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE.

    (a) Establishment.--There is hereby established within the 
Department of Energy a National Test and Demonstration Center of 
Excellence (hereafter in this Act referred to as the ``Center''), to be 
located at the Nevada Test Site, Nevada.
    (b) Purpose.--It shall be the purpose of the Center to promote 
disarmament, demilitarization, alternative and renewable energy 
sources, the nonproliferation of nuclear weapons, counter-proliferation 
of nuclear weapons, sensor development, and environmentally sensitive 
technologies.
    (c) Activities Related to Alternative and Renewable Energy 
Sources.--The Center shall carry out the following testing and 
demonstration activities that are related to alternative and renewable 
energy sources:
            (1) The characterization of solar and geothermal resources 
        at the Nevada Test Site.
            (2) The development of alternative and renewable energy 
        sources, including, as a goal of the Center, the development 
        and completion of two 100-megawatt solar power plants by the 
        year 2000.
            (3) The conduct of a National Alternative-Fueled Vehicles 
        Program, the objective of which shall be to demonstrate the 
        regional use of natural gas, electricity, and hydrogen as 
        vehicle fuels.
    (d) Activities Related to Disarmament and Demilitarization.--The 
Center shall carry out testing and demonstration activities that are 
related to changes occurring in United States military as a result of 
the end of the Cold War, including activities--
            (1) that involve the demilitarization of large rocket motor 
        and conventional ordnance;
            (2) that assist in disarmament and demilitarization, 
        generally; and
            (3) that test and demonstrate the nonmilitary application 
        of technologies and resources the military application of which 
        has decreased or otherwise changed due to disarmament and 
        demilitarization.
    (e) Activities Related to Nuclear Stockpile Stewardship.--The 
Center shall carry out testing and demonstration activities related to 
the stewardship of the nuclear stockpile of the United States. Such 
activities shall include--
            (1) the conduct of experiments that assist in monitoring 
        compliance with international agreements on the 
        nonproliferation of nuclear weapons;
            (2) the provision of support to the Department of Energy 
        nuclear weapons complex;
            (3) the conduct of programs for the Department of Energy 
        and the Department of Defense to develop simulator technologies 
        for nuclear weapons design and effects, including advanced 
        hydrodynamic simulators, inertial confinement fusion test 
        facilities, and nuclear weapons effects simulators; and
            (4) the conduct of the stockpile stewardship program 
        established pursuant to section 3138 of the National Defense 
        Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public 
        Law 103-160).
    (f) Activities Related to Nonproliferation.--The Center shall carry 
out experiments related to the non-proliferation of nuclear weapons, 
including experiments with respect to disablement, nuclear forensics, 
sensors, and verification and monitoring.
    (g) Activities Related to Counter-Proliferation.--The Center shall 
carry out experiments related to the counter-proliferation of nuclear 
weapons.
    (h) Activities Related to Environmental Technologies.--The Center 
shall carry out testing and demonstration activities related to the 
development of environmental technologies, including--
            (1) the demonstration of technologies concerning the 
        remediation of toxic and hazardous chemicals; and
            (2) the conduct of training activities pertaining to 
        emergency response to hazardous and toxic accidents and 
        emergencies.
    (i) Other Activities.--The Center may carry out the testing and 
demonstration of any other technology which, in the determination of 
the Secretary of Energy, is appropriate for testing and demonstration 
at the Nevada Test Site.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Except as provided in section 4, there is authorized to be 
appropriated to the Secretary of Energy for fiscal year 1997 such sums 
as may be necessary to carry out this Act.

A: National Center for Excellence in Research and Development Act of 1996 - Authorizes appropriations to the Secretary of Energy for FY 1995 and beyond to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. 
Establishes within the Department of Energy a national Test and Demonstration Center of Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to:  (1) certain alternative and renewable energy sources, including solar and geothermal energy, as well as natural gas, electricity, and hydrogen as components of a National Alternative-Fueled Vehicles Program; (2) certain changes in the U.S. military as a result of the end of the Cold War, including demilitarization and disarmament activities and the nonmilitary application of military technologies and resources; (3) stewardship of the Federal nuclear stockpile; (4) non-proliferation and counter-proliferation of nuclear weapons; and (5) development of certain environmental technologies, including technologies for remediation of toxic and hazardous chemicals, and activities pertaining to emergency response to hazardous and toxic accidents.
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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Activities Inventory Reform 
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY 
GOVERNMENTAL IN NATURE.
    (a) Lists Required.--Not later than the end of the third quarter of 
each fiscal year, the head of each executive agency shall submit to the 
Director of the Office of Management and Budget a list of activities 
performed by Federal Government sources for the executive agency that, 
in the judgment of the head of the executive agency, are not inherently 
governmental functions. The entry for an activity on the list shall 
include the following:
        (1) The fiscal year for which the activity first appeared on a 
    list prepared under this section.
        (2) The number of full-time employees (or its equivalent) that 
    are necessary for the performance of the activity by a Federal 
    Government source.
        (3) The name of a Federal Government employee responsible for 
    the activity from whom additional information about the activity 
    may be obtained.
    (b) OMB Review and Consultation.--The Director of the Office of 
Management and Budget shall review the executive agency's list for a 
fiscal year and consult with the head of the executive agency regarding 
the content of the final list for that fiscal year.
    (c) Public Availability of Lists.--
        (1) Publication.--Upon the completion of the review and 
    consultation regarding a list of an executive agency--
            (A) the head of the executive agency shall promptly 
        transmit a copy of the list to Congress and make the list 
        available to the public; and
            (B) the Director of the Office of Management and Budget 
        shall promptly publish in the Federal Register a notice that 
        the list is available to the public.
        (2) Changes.--If the list changes after the publication of the 
    notice as a result of the resolution of a challenge under section 
    3, the head of the executive agency shall promptly--
            (A) make each such change available to the public and 
        transmit a copy of the change to Congress; and
            (B) publish in the Federal Register a notice that the 
        change is available to the public.
    (d) Competition Required.--Within a reasonable time after the date 
on which a notice of the public availability of a list is published 
under subsection (c), the head of the executive agency concerned shall 
review the activities on the list. Each time that the head of the 
executive agency considers contracting with a private sector source for 
the performance of such an activity, the head of the executive agency 
shall use a competitive process to select the source (except as may 
otherwise be provided in a law other than this Act, an Executive order, 
regulations, or any executive branch circular setting forth 
requirements or guidance that is issued by competent executive 
authority). The Director of the Office of Management and Budget shall 
issue guidance for the administration of this subsection.
    (e) Realistic and Fair Cost Comparisons.--For the purpose of 
determining whether to contract with a source in the private sector for 
the performance of an executive agency activity on the list on the 
basis of a comparison of the costs of procuring services from such a 
source with the costs of performing that activity by the executive 
agency, the head of the executive agency shall ensure that all costs 
(including the costs of quality assurance, technical monitoring of the 
performance of such function, liability insurance, employee retirement 
and disability benefits, and all other overhead costs) are considered 
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

    (a) Challenge Authorized.--An interested party may submit to an 
executive agency a challenge of an omission of a particular activity 
from, or an inclusion of a particular activity on, a list for which a 
notice of public availability has been published under section 2.
    (b) Interested Party Defined.--For the purposes of this section, 
the term ``interested party'', with respect to an activity referred to 
in subsection (a), means the following:
        (1) A private sector source that--
            (A) is an actual or prospective offeror for any contract, 
        or other form of agreement, to perform the activity; and
            (B) has a direct economic interest in performing the 
        activity that would be adversely affected by a determination 
        not to procure the performance of the activity from a private 
        sector source.
        (2) A representative of any business or professional 
    association that includes within its membership private sector 
    sources referred to in paragraph (1).
        (3) An officer or employee of an organization within an 
    executive agency that is an actual or prospective offeror to 
    perform the activity.
        (4) The head of any labor organization referred to in section 
    7103(a)(4) of title 5, United States Code, that includes within its 
    membership officers or employees of an organization referred to in 
    paragraph (3).
    (c) Time for Submission.--A challenge to a list shall be submitted 
to the executive agency concerned within 30 days after the publication 
of the notice of the public availability of the list under section 2.
    (d) Initial Decision.--Within 28 days after an executive agency 
receives a challenge, an official designated by the head of the 
executive agency shall--
        (1) decide the challenge; and
        (2) transmit to the party submitting the challenge a written 
    notification of the decision together with a discussion of the 
    rationale for the decision and an explanation of the party's right 
    to appeal under subsection (e).
    (e) Appeal.--
        (1) Authorization of appeal.--An interested party may appeal an 
    adverse decision of the official to the head of the executive 
    agency within 10 days after receiving a notification of the 
    decision under subsection (d).
        (2) Decision on appeal.--Within 10 days after the head of an 
    executive agency receives an appeal of a decision under paragraph 
    (1), the head of the executive agency shall decide the appeal and 
    transmit to the party submitting the appeal a written notification 
    of the decision together with a discussion of the rationale for the 
    decision.

SEC. 4. APPLICABILITY.

    (a) Executive Agencies Covered.--Except as provided in subsection 
(b), this Act applies to the following executive agencies:
        (1) Executive department.--An executive department named in 
    section 101 of title 5, United States Code.
        (2) Military department.--A military department named in 
    section 102 of title 5, United States Code.
        (3) Independent establishment.--An independent establishment, 
    as defined in section 104 of title 5, United States Code.
    (b) Exceptions.--This Act does not apply to or with respect to the 
following:
        (1) General accounting office.--The General Accounting Office.
        (2) Government corporation.--A Government corporation or a 
    Government controlled corporation, as those terms are defined in 
    section 103 of title 5, United States Code.
        (3) Nonappropriated funds instrumentality.--A part of a 
    department or agency if all of the employees of that part of the 
    department or agency are employees referred to in section 2105(c) 
    of title 5, United States Code.
        (4) Certain depot-level maintenance and repair.--Depot-level 
    maintenance and repair of the Department of Defense (as defined in 
    section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

    In this Act:
        (1) Federal government source.--The term ``Federal Government 
    source'', with respect to performance of an activity, means any 
    organization within an executive agency that uses Federal 
    Government employees to perform the activity.
        (2) Inherently governmental function.--
            (A) Definition.--The term ``inherently governmental 
        function'' means a function that is so intimately related to 
        the public interest as to require performance by Federal 
        Government employees.
            (B) Functions included.--The term includes activities that 
        require either the exercise of discretion in applying Federal 
        Government authority or the making of value judgments in making 
        decisions for the Federal Government, including judgments 
        relating to monetary transactions and entitlements. An 
        inherently governmental function involves, among other things, 
        the interpretation and execution of the laws of the United 
        States so as--
                (i) to bind the United States to take or not to take 
            some action by contract, policy, regulation, authorization, 
            order, or otherwise;
                (ii) to determine, protect, and advance United States 
            economic, political, territorial, property, or other 
            interests by military or diplomatic action, civil or 
            criminal judicial proceedings, contract management, or 
            otherwise;
                (iii) to significantly affect the life, liberty, or 
            property of private persons;
                (iv) to commission, appoint, direct, or control 
            officers or employees of the United States; or
                (v) to exert ultimate control over the acquisition, 
            use, or disposition of the property, real or personal, 
            tangible or intangible, of the United States, including the 
            collection, control, or disbursement of appropriated and 
            other Federal funds.
            (C) Functions excluded.--The term does not normally 
        include--
                (i) gathering information for or providing advice, 
            opinions, recommendations, or ideas to Federal Government 
            officials; or
                (ii) any function that is primarily ministerial and 
            internal in nature (such as building security, mail 
            operations, operation of cafeterias, housekeeping, 
            facilities operations and maintenance, warehouse 
            operations, motor vehicle fleet management operations, or 
            other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on October 1, 1998.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

A: Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. 
Requires:  (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list. 
Requires the agency head to:  (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list. 
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published.  Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals. 
(Sec. 4) Provides that this Act shall not apply to or with respect to:  (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.
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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guidance Out Of Darkness Act'' or 
the ``GOOD Act''.

SEC. 2. PURPOSE.

    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.

SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET.

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

SEC. 4. RULES OF CONSTRUCTION.

    (a) Guidance Documents.--In this Act, the term ``guidance 
document'' shall be construed broadly.
    (b) Congressional Review.--Nothing in 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.

SEC. 5. 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) Guidance document.--The term ``guidance document''--
                    (A) 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) does not have the force and effect of 
                        law; and
                            (ii) sets forth--
                                    (I) an agency decision or a policy 
                                on a statutory, regulatory, or 
                                technical issue; or
                                    (II) an interpretation of a 
                                statutory or regulatory issue; and
                    (B) may include any of the following:
                            (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.
                            (x) An advisory.
                            (xi) A manual.
                            (xii) A circular.
                            (xiii) Any combination of the items 
                        described in clauses (i) through (xii).
            (3) Rule.--The term ``rule'' has the meaning given that 
        term in section 551 of title 5, United States Code.

SEC. 6. EFFECTIVE DATE.

    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.

            Passed the House of Representatives September 26, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

A:
Guidance Out Of Darkness Act or the GOOD Act (Sec. 3) This bill requires an agency to: (1) publish guidance documents online on the dates they are issued, (2) publish all of its guidance documents that are in effect in a single location on an online portal designated by the Office of Management and Budget (OMB), and (3) display a hyperlink on the agency's online portal that provides access to the guidance documents. The documents must be identified as guidance documents, sorted into subcategories, published in a machine-readable and open format, and searchable.   On the date a guidance document is rescinded, an agency must add an indication on the online portal designated by OMB that the guidance document is rescinded and the date on which it was rescinded.  OMB must designate an online portal within 30 days.
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