[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 791 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 791

            To increase access to agency guidance documents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2023

 Mr. Johnson (for himself, Mr. Braun, Mr. Cramer, Mr. Cruz, Ms. Ernst, 
 Mr. Graham, Mr. Hagerty, Mr. Lankford, Mr. Lee, Ms. Lummis, Mr. Paul, 
 Mr. Scott of Florida, Mr. Tillis, Mrs. Blackburn, Mrs. Britt, and Mr. 
    Romney) 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 the 
        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.
                                 <all>