II 

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. 

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 the whole or a part of an agen2 cy statement of general or particular applica3 bility and future effect that— 

4 (i) is designed to implement, inter5 pret, or prescribe law or policy or describ6 ing the organization, procedure, or practice 

7 requirements of an agency and includes the 

8 approval or prescription for the future of 

9 rates, wages, corporate or financial struc10 tures or reorganizations thereof, prices, fa11 cilities, appliances, services or allowances 

12 therefor or of valuations, costs, or account13 ing, or practices bearing on any of the 

14 foregoing; and 

15 (ii) has not been issued through the 

16 notice and comment process under section 

17 553 of title 5, United States Code; 

18 (B) includes— 

19 (i) a memorandum; 

20 (ii) a notice; 

21 (iii) a bulletin; 

22 (iv) a directive; 

23 (v) a news release; 

24 (vi) a letter; and 

25 (vii) a blog post; and 


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1 (C) does not include a rule, as that term 

2 is defined in section 551 of title 5, United 

3 States Code. 

4 SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE 

5 INTERNET. 

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

7 issues a guidance document, the agency shall publish the 

8 guidance document on the Internet website of the agency. 

9 (b) PREVIOUSLY ISSUED GUIDANCE DOCUMENTS.— 

10 Not later than 60 days after the date of enactment of this 

11 Act, each agency shall publish on the Internet website of 

12 that agency any guidance document issued by that agency 

13 during the 10-year period ending on the date of enactment 

14 of this Act. 

15 (c) SINGLE LOCATION.—All guidance documents 

16 published under subsections (a) and (b) by an agency shall 

17 be published in a single location on the Internet website 

18 of the agency. 

19 (d) RESCINDED GUIDANCE DOCUMENTS.—On the 

20 date on which a guidance document issued by an agency 

21 is rescinded, the agency shall— 

22 (1) maintain the rescinded guidance document 

23 at the location described in subsection (c); and 

24 (2) at the location described in subsection (c), 

25 indicate— 


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1 (A) that the guidance document is re2 scinded; and 

3 (B) the date on which the guidance docu4 ment was rescinded. 

Æ 


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