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S. 2296 - Guidance Out Of Darkness Act

Sponsor: Ron Johnson (R)
Introduced: 2018-01-11
Bill Status: Placed on Senate Legislative Calendar under General Orders. Calendar No. 448.
 
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Full Text


115th CONGRESS
2d Session
S. 2296


    To increase access to agency guidance documents.


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.

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 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.

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 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.


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