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

<DOC>





                                                        Calendar No. 43
116th CONGRESS
  1st Session
                                 S. 380

                          [Report No. 116-12]

            To increase access to agency guidance documents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2019

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

                             March 25, 2019

               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 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--</DELETED>
                        <DELETED>    (i) does not have the force and 
                        effect of law; and</DELETED>
                        <DELETED>    (ii) sets forth--</DELETED>
                                <DELETED>    (I) an agency decision or 
                                a policy on a statutory, regulatory, or 
                                technical issue; or</DELETED>
                                <DELETED>    (II) an interpretation of 
                                a statutory or regulatory issue; 
                                and</DELETED>
                <DELETED>    (B) may include--</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;</DELETED>
                        <DELETED>    (vii) a blog post;</DELETED>
                        <DELETED>    (viii) a no-action 
                        letter;</DELETED>
                        <DELETED>    (ix) a speech by an agency 
                        official;</DELETED>
                        <DELETED>    (x) an advisory;</DELETED>
                        <DELETED>    (xi) a manual;</DELETED>
                        <DELETED>    (xii) a circular;</DELETED>
                        <DELETED>    (xiii) a frequently asked 
                        questions sheet; or</DELETED>
                        <DELETED>    (xiv) any combination of the items 
                        described in clauses (i) through 
                        (xiii).</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 in 
accordance with the requirements under subsection (c).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Single Location.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Organization.--</DELETED>
                <DELETED>    (A) In general.--The guidance documents 
                described in paragraph (1) shall be--</DELETED>
                        <DELETED>    (i) categorized as guidance 
                        documents; and</DELETED>
                        <DELETED>    (ii) further divided into 
                        subcategories as appropriate.</DELETED>
                <DELETED>    (B) Agency internet websites.--The 
                hyperlinks described in paragraph (2) shall be 
                prominently displayed on the internet website of the 
                agency.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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)--</DELETED>
        <DELETED>    (1) maintain the rescinded guidance document; 
        and</DELETED>
        <DELETED>    (2) indicate--</DELETED>
                <DELETED>    (A) that the guidance document is 
                rescinded;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) 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) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Guidance document.--
                    (A) Definition.--The term ``guidance document''--
                            (i) 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) 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.--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 ``Freedom of Information Act''), 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.
    (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)--
            (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.
                                                        Calendar No. 43

116th CONGRESS

  1st Session

                                 S. 380

                          [Report No. 116-12]

_______________________________________________________________________

                                 A BILL

            To increase access to agency guidance documents.

_______________________________________________________________________

                             March 25, 2019

                       Reported with an amendment