[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2296 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 448
115th CONGRESS
  2d Session
                                S. 2296

                          [Report No. 115-271]

            To increase access to agency guidance documents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2018

  Mr. Johnson (for himself, Mr. Lankford, Mrs. Ernst, and Mr. Blunt) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                              June 7, 2018

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agency.--The term ``agency'' has the meaning 
        given that term in section 551 of title 5, United States 
        Code.</DELETED>
        <DELETED>    (2) Guidance document.--The term ``guidance 
        document''--</DELETED>
                <DELETED>    (A) means the whole or a part of an agency 
                statement of general or particular applicability and 
                future effect that--</DELETED>
                        <DELETED>    (i) 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</DELETED>
                        <DELETED>    (ii) has not been issued through 
                        the notice and comment process under section 
                        553 of title 5, United States Code;</DELETED>
                <DELETED>    (B) includes--</DELETED>
                        <DELETED>    (i) a memorandum;</DELETED>
                        <DELETED>    (ii) a notice;</DELETED>
                        <DELETED>    (iii) a bulletin;</DELETED>
                        <DELETED>    (iv) a directive;</DELETED>
                        <DELETED>    (v) a news release;</DELETED>
                        <DELETED>    (vi) a letter; and</DELETED>
                        <DELETED>    (vii) a blog post; and</DELETED>
                <DELETED>    (C) does not include a rule, as that term 
                is defined in section 551 of title 5, United States 
                Code.</DELETED>

<DELETED>SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE 
              INTERNET.</DELETED>

<DELETED>    (a) 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.</DELETED>
<DELETED>    (b) 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.</DELETED>
<DELETED>    (c) 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.</DELETED>
<DELETED>    (d) Rescinded Guidance Documents.--On the date on which a 
guidance document issued by an agency is rescinded, the agency shall--
</DELETED>
        <DELETED>    (1) maintain the rescinded guidance document at 
        the location described in subsection (c); and</DELETED>
        <DELETED>    (2) at the location described in subsection (c), 
        indicate--</DELETED>
                <DELETED>    (A) that the guidance document is 
                rescinded; and</DELETED>
                <DELETED>    (B) the date on which the guidance 
                document was rescinded.</DELETED>

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) Guidance document.--
                    (A) Definition.--The term ``guidance document''--
                            (i) means an agency statement of general 
                        applicability, other than a rule, 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.--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.--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 the Internet website under section 206(d) of 
        the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly 
        known as regulations.gov).
            (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.
    (d) Rescinded Guidance Documents.--On the date on which a guidance 
document issued by an agency is rescinded, 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; and
                    (B) the date on which the guidance document was 
                rescinded.
                                                       Calendar No. 448

115th CONGRESS

  2d Session

                                S. 2296

                          [Report No. 115-271]

_______________________________________________________________________

                                 A BILL

            To increase access to agency guidance documents.

_______________________________________________________________________

                              June 7, 2018

                       Reported with an amendment