GOOD Act

Bill: 115-hr-4809
Sponsor: full_name: Rep. Walker, Mark [R-NC-6]
Introduced: 2018-01-16
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Government information and archives
Latest action: action_date: 2018-09-27
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 586.

Summaries:
action_date: 2018-01-16
action_desc: Introduced in House
text: <p><b>Guidance Out Of Darkness Act or the GOOD Act</b></p> <p>This bill requires an agency to publish a guidance document on the agency's website on the day the guidance document is issued. All guidance documents issued by an agency during the last 10 years must be published in a single location on the agency's website. On the day a guidance document is rescinded, an agency must indicate that the guidance document is rescinded and the date on which it was rescinded.</p>

action_date: 2018-09-25
action_desc: Reported to House with amendment(s)
text: <p><b>Guidance Out Of Darkness Act or the GOOD Act</b></p> <p>This bill requires an agency to: (1) publish guidance documents online on the dates they are issued, (2) publish all of its guidance documents that are in effect in a single location on regulations.gov, and (3) display a hyperlink on its online portal that provides access to the guidance documents on regulations.gov.</p> <p>The documents must be identified as guidance documents, sorted into subcategories, published in a machine-readable and open format, and searchable. </p> <p> On the date a guidance document is rescinded, an agency must add an indication on regulations.gov that the guidance document is rescinded and the date on which it was rescinded. </p>

action_date: 2018-09-26
action_desc: Passed House amended
text: <p><b>Guidance Out Of Darkness Act or the GOOD Act</b></p> <p>(Sec. 3) This bill requires an agency to: (1) publish guidance documents online on the dates they are issued, (2) publish all of its guidance documents that are in effect in a single location on an online portal designated by the Office of Management and Budget (OMB), and (3) display a hyperlink on the agency's online portal that provides access to the guidance documents.</p> <p>The documents must be identified as guidance documents, sorted into subcategories, published in a machine-readable and open format, and searchable. </p> <p> On the date a guidance document is rescinded, an agency must add an indication on the online portal designated by OMB that the guidance document is rescinded and the date on which it was rescinded. </p> <p>OMB must designate an online portal within 30 days.</p>

tv_txt: I 115th CONGRESS 2d Session H. R. 4809 IN THE HOUSE OF REPRESENTATIVES January 16, 2018 Mr. Walker introduced the following bill; which was referred to the Committee on Oversight and Government Reform 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.

tv_txt: II Calendar No. 586 115th CONGRESS 2d Session H. R. 4809 IN THE SENATE OF THE UNITED STATES September 27, 2018 Received; read twice and placed on the calendar AN ACT 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. Purpose It is the purpose of this Act to increase the transparency of agency guidance documents and to make guidance documents more readily available to the public. 3. Publication of guidance documents on the internet (a) In general On the date on which an agency issues a guidance document, the head of the agency shall publish the guidance document in accordance with subsection (c). (b) Previously issued guidance documents With respect to any guidance document issued by an agency before the effective date of this Act that is in effect on the effective date of this Act, the head of each agency shall meet the requirements of subsection (c). (c) Single location The head of each agency shall: (1) Publish any guidance document issued by the agency in a single location on an online portal designated by the Director of the Office of Management and Budget. (2) With respect to a guidance document issued by an agency, include a hyperlink on the online portal of the agency that provides access to the guidance document published pursuant to paragraph (1). (3) Ensure that any guidance document published pursuant to paragraph (1) is— (A) clearly identified as a guidance document; (B) sorted into subcategories, as appropriate; (C) published in a machine-readable and open format; and (D) searchable. (4) Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency. (d) Rescinded guidance documents Not later than the date on which a guidance document issued by an agency is rescinded, the head of the agency shall on the online portal described in subsection (c)(1)— (1) maintain a copy of the rescinded guidance document; and (2) indicate— (A) that the guidance document is rescinded; and (B) the date on which the guidance document was rescinded. (e) Deadline to designate portal Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an online portal in accordance with subsection (c)(1). 4. Rules of construction (a) Guidance documents In this Act, the term guidance document shall be construed broadly. (b) Congressional review Nothing in this Act may be construed to affect whether a guidance document qualifies as a rule for purposes of chapter 8 of title 5, United States Code. 5. 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 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 public procedure under section 553 of title 5, United States Code) that— (i) does not have the force and effect of law; and (ii) sets forth— (I) an agency decision or a policy on a statutory, regulatory, or technical issue; or (II) an interpretation of a statutory or regulatory issue; and (B) may include any of the following: (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. (x) An advisory. (xi) A manual. (xii) A circular. (xiii) Any combination of the items described in clauses (i) through (xii). (3) Rule The term rule has the meaning given that term in section 551 of title 5, United States Code. 6. Effective date Except as provided in section 3(e), this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

Passed the House of Representatives September 26, 2018. Karen L. Haas, Clerk

September 27, 2018 Received; read twice and placed on the calendar

tv_txt: I 115th CONGRESS 2d Session H. R. 4809 IN THE HOUSE OF REPRESENTATIVES AN ACT 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. Purpose It is the purpose of this Act to increase the transparency of agency guidance documents and to make guidance documents more readily available to the public. 3. Publication of guidance documents on the internet (a) In general On the date on which an agency issues a guidance document, the head of the agency shall publish the guidance document in accordance with subsection (c). (b) Previously issued guidance documents With respect to any guidance document issued by an agency before the effective date of this Act that is in effect on the effective date of this Act, the head of each agency shall meet the requirements of subsection (c). (c) Single location The head of each agency shall: (1) Publish any guidance document issued by the agency in a single location on an online portal designated by the Director of the Office of Management and Budget. (2) With respect to a guidance document issued by an agency, include a hyperlink on the online portal of the agency that provides access to the guidance document published pursuant to paragraph (1). (3) Ensure that any guidance document published pursuant to paragraph (1) is— (A) clearly identified as a guidance document; (B) sorted into subcategories, as appropriate; (C) published in a machine-readable and open format; and (D) searchable. (4) Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency. (d) Rescinded guidance documents Not later than the date on which a guidance document issued by an agency is rescinded, the head of the agency shall on the online portal described in subsection (c)(1)— (1) maintain a copy of the rescinded guidance document; and (2) indicate— (A) that the guidance document is rescinded; and (B) the date on which the guidance document was rescinded. (e) Deadline to designate portal Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an online portal in accordance with subsection (c)(1). 4. Rules of construction (a) Guidance documents In this Act, the term guidance document shall be construed broadly. (b) Congressional review Nothing in this Act may be construed to affect whether a guidance document qualifies as a rule for purposes of chapter 8 of title 5, United States Code. 5. 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 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 public procedure under section 553 of title 5, United States Code) that— (i) does not have the force and effect of law; and (ii) sets forth— (I) an agency decision or a policy on a statutory, regulatory, or technical issue; or (II) an interpretation of a statutory or regulatory issue; and (B) may include any of the following: (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. (x) An advisory. (xi) A manual. (xii) A circular. (xiii) Any combination of the items described in clauses (i) through (xii). (3) Rule The term rule has the meaning given that term in section 551 of title 5, United States Code. 6. Effective date Except as provided in section 3(e), this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

Passed the House of Representatives September 26, 2018. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 760 115th CONGRESS 2d Session H. R. 4809 [Report No. 115–972] IN THE HOUSE OF REPRESENTATIVES January 16, 2018 Mr. Walker introduced the following bill; which was referred to the Committee on Oversight and Government Reform September 25, 2018 Additional sponsors: Mr. Gaetz , Mr. Rouzer , Mr. Jones , and Mr. Rokita September 25, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on January 16, 2018 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. Publication of guidance documents on the internet (a) In general On the date on which an agency issues a guidance document, the head of the agency shall publish the guidance document in accordance with subsection (c). (b) Previously issued guidance documents With respect to any guidance document issued by an agency before the effective date of this Act that is in effect on the effective date of this Act, the head of each agency shall meet the requirements of subsection (c). (c) Single location The head of each agency shall: (1) Publish any guidance document issued by the agency in a single location on the publicly accessible Federal Government website (commonly known as regulations.gov) described under section 206(d) of the E-Government Act of 2002 ( Public Law 107–347 ; 44 U.S.C. 3501 note). (2) With respect to a guidance document issued by an agency, include a hyperlink on the online portal of the agency that provides access to the guidance document published pursuant to paragraph (1). (3) Ensure that any guidance document published pursuant to paragraph (1) is— (A) clearly identified as a guidance document; (B) sorted into subcategories, as appropriate; (C) published in a machine-readable and open format; and (D) searchable. (4) Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency. (d) Rescinded guidance documents Not later than the date on which a guidance document issued by an agency is rescinded, the head of the agency shall on the Federal Government website described in subsection (c)(1)— (1) maintain a copy of the rescinded guidance document; and (2) indicate— (A) that the guidance document is rescinded; and (B) the date on which the guidance document was rescinded. 3. Rule of construction In this Act, the term guidance document shall be construed broadly. 4. 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 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 public procedure under section 553 of title 5, United States Code) that— (i) does not have the force and effect of law; and (ii) sets forth— (I) an agency decision or a policy on a statutory, regulatory, or technical issue; or (II) an interpretation of a statutory or regulatory issue; and (B) may include any of the following: (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. (x) An advisory. (xi) A manual. (xii) A circular. (xiii) Any combination of the items described in clauses (i) through (xii). (3) Rule The term rule has the meaning given that term in section 551 of title 5, United States Code. 5. Effective date This Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

September 25, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed