II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guidance Out Of 

5 Darkness Act’’ or the ‘‘GOOD Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given that term in section 551 of title 5, 

10 United States Code. 

11 (2) GUIDANCE DOCUMENT.—The term ‘‘guid12 ance document’’— 


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1 (A) means an agency statement of general 

2 applicability (other than a rule that has the 

3 force and effect of law promulgated in accord4 ance with the notice and comment procedures 

5 under section 553 of title 5, United States 

6 Code) that— 

7 (i) does not have the force and effect 

8 of law; and 

9 (ii) sets forth— 

10 (I) an agency decision or a policy 

11 on a statutory, regulatory, or tech12 nical issue; or 

13 (II) an interpretation of a statu14 tory or regulatory issue; and 

15 (B) may include— 

16 (i) a memorandum; 

17 (ii) a notice; 

18 (iii) a bulletin; 

19 (iv) a directive; 

20 (v) a news release; 

21 (vi) a letter; 

22 (vii) a blog post; 

23 (viii) a no-action letter; 

24 (ix) a speech by an agency official; 

25 (x) an advisory; 


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1 (xi) a manual; 

2 (xii) a circular; 

3 (xiii) a frequently asked questions 

4 sheet; or 

5 (xiv) any combination of the items de6 scribed in clauses (i) through (xiii). 

7 SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE 

8 INTERNET. 

9 (a) IN GENERAL.—On the date on which an agency 

10 issues a guidance document, the agency shall publish the 

11 guidance document in accordance with the requirements 

12 under subsection (c). 

13 (b) PREVIOUSLY ISSUED GUIDANCE DOCUMENTS.— 

14 Not later than 180 days after the date of enactment of 

15 this Act, each agency shall publish, in accordance with the 

16 requirements under subsection (c), any guidance docu17 ment issued by that agency that is in effect on that date. 

18 (c) SINGLE LOCATION.— 

19 (1) IN GENERAL.—All guidance documents pub20 lished under subsections (a) and (b) by an agency 

21 shall be published in a single location on an internet 

22 website designated by the Director under paragraph 

23 (4). 

24 (2) AGENCY INTERNET WEBSITES.—Each agen25 cy shall, for guidance documents published by the 


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1 agency under subsections (a) and (b), publish a 

2 hyperlink on the internet website of the agency that 

3 provides access to the guidance documents at the lo4 cation described in paragraph (1). 

5 (3) ORGANIZATION.— 

6 (A) IN GENERAL.—The guidance docu7 ments described in paragraph (1) shall be— 

8 (i) categorized as guidance docu9 ments; and 

10 (ii) further divided into subcategories 

11 as appropriate. 

12 (B) AGENCY INTERNET WEBSITES.—The 

13 hyperlinks described in paragraph (2) shall be 

14 prominently displayed on the internet website of 

15 the agency. 

16 (4) DESIGNATION.—Not later than 90 days 

17 after the date of enactment of this Act, the Director 

18 shall designate an internet website on which guid19 ance documents shall be published under subsections 

20 (a) and (b). 

21 (d) RESCINDED GUIDANCE DOCUMENTS.—On the 

22 date on which a guidance document issued by an agency 

23 is rescinded, or, in the case of a guidance document that 

24 is rescinded pursuant to a court order, not later than the 


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1 date on which the order is entered, the agency shall, at 

2 the location described in subsection (c)(1)— 

3 (1) maintain the rescinded guidance document; 

4 and 

5 (2) indicate— 

6 (A) that the guidance document is re7 scinded; 

8 (B) if the guidance document was re9 scinded pursuant to a court order, the case 

10 number of the case in which the order was en11 tered; and 

12 (C) the date on which the guidance docu13 ment was rescinded. 

Æ 


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