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II
115th CONGRESS
2d Session
S. 2296
IN THE SENATE OF THE UNITED STATES
January 11, 2018
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.
1.
Short title
This Act may be cited as the Guidance Out Of Darkness Act or the GOOD Act.
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 the whole or a part of an agency statement of general or particular applicability and future effect that—
(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
(ii) has not been issued through the notice and comment process under section 553 of title 5, United States Code;
(B) includes—
(i) a memorandum;
(ii) a notice;
(iii) a bulletin;
(iv) a directive;
(v) a news release;
(vi) a letter; and
(vii) a blog post; and
(C) does not include a rule, as that term is defined in section 551 of title 5, United States Code.
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 on the Internet website of the agency.
(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.
(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.
(d)
Rescinded guidance documents
On the date on which a guidance document issued by an agency is rescinded, the agency shall—
(1) maintain the rescinded guidance document at the location described in subsection (c); and
(2) at the location described in subsection (c), indicate—
(A) that the guidance document is rescinded; and
(B) the date on which the guidance document was rescinded.