[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 380 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 380

            To increase access to agency guidance documents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2019

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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) 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 comment procedures 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--
                            (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) a frequently asked questions sheet; 
                        or
                            (xiv) any combination of the items 
                        described in clauses (i) through (xiii).

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 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) 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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