United States 115th Congress Status: In Committee 1 R cosponsors

S 2296 — GOOD Act

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 448.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Guidance Out Of Darkness Act or the GOOD Act 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 website that provides access to the guidance documents on regulations.gov. The documents must be categorized as guidance documents and further divided into subcategories. On the date a guidance document is rescinded, an agency must add an indication on regulations.gov that the guidance document is rescinded and the date on which it was rescinded.

Bill Text

What changed in the latest version

136 added · 40 removed

Plain-language change summary

The amended version of the bill deletes the section that provides a short title and definitions for key terms, such as "agency" and "guidance document." This change simplifies the language of the bill by eliminating specific definitions and examples of guidance documents, which may affect how these terms are understood and applied throughout the bill.

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2296 Introduced in Senate (IS)] <DOC> 115th CONGRESS 2d Session S.
2296 Reported in Senate (RS)] <DOC> Calendar No.
2296 To increase access to agency guidance documents.
448 115th CONGRESS 2d Session S.
2296 [Report No.
115-271] To increase access to agency guidance documents.
Johnson introduced the following bill;
Johnson (for himself, Mr.
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To increase access to agency guidance documents.
Lankford, Mrs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Ernst, and Mr.
Blunt) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs June 7, 2018 Reported by Mr.
Johnson, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Guidance Out Of Darkness Act'' or the ``GOOD Act''.</DELETED> <DELETED>SEC.
2.
DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code.</DELETED> <DELETED> (2) Guidance document.--The term ``guidance document''--</DELETED> <DELETED> (A) means the whole or a part of an agency statement of general or particular applicability and future effect that--</DELETED> <DELETED> (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</DELETED> <DELETED> (ii) has not been issued through the notice and comment process under section of title 5, United States Code;</DELETED> <DELETED> (B) includes--</DELETED> <DELETED> (i) a memorandum;</DELETED> <DELETED> (ii) a notice;</DELETED> <DELETED> (iii) a bulletin;</DELETED> <DELETED> (iv) a directive;</DELETED> <DELETED> (v) a news release;</DELETED> <DELETED> (vi) a letter;
and</DELETED> <DELETED> (vii) a blog post;
and</DELETED> <DELETED> (C) does not include a rule, as that term is defined in section 551 of title 5, United States Code.</DELETED> <DELETED>SEC.
3.
PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Previously Issued Guidance Documents.--Not later than 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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (d) Rescinded Guidance Documents.--On the date on which a guidance document issued by an agency is rescinded, the agency shall-- </DELETED> <DELETED> (1) maintain the rescinded guidance document at the location described in subsection (c);
and</DELETED> <DELETED> (2) at the location described in subsection (c), indicate--</DELETED> <DELETED> (A) that the guidance document is rescinded;
and</DELETED> <DELETED> (B) the date on which the guidance document was rescinded.</DELETED> SECTION 1.
(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;
(2) Guidance document.-- (A) Definition.--The term ``guidance document''-- (i) means an agency statement of general applicability, other than a rule, that-- (I) does not have the force and effect of law;
and (ii) has not been issued through the notice and comment process under section 553 of title 5, United States Code;
and (II) is designated by an agency official as setting forth-- (aa) a policy on a statutory, regulatory, or technical issue;
(B) includes-- (i) a memorandum;
or (bb) an interpretation of a statutory or regulatory issue;
(ii) a notice;
and (ii) may include-- (I) a memorandum;
(iii) a bulletin;
(II) a notice;
(iv) a directive;
(III) a bulletin;
(v) a news release;
(IV) a directive;
(vi) a letter;
(V) a news release;
and (vii) a blog post;
(VI) a letter;
and (C) does not include a rule, as that term is defined in section 551 of title 5, United States Code.
(VII) a blog post;
(VIII) a no-action letter;
(IX) a speech by an agency official;
and (X) any combination of the items described in subclauses (I) through (IX).
(B) Rule of construction.--The term ``guidance document''-- (i) shall be construed broadly to effectuate the purpose and intent of this Act;
and (ii) shall not be limited to the items described in subparagraph (A)(ii).
(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.
(a) In General.--On the date on which an agency issues a guidance document, the agency shall publish the guidance document in accordance with the requirements under subsection (c).
(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.
(b) Previously Issued Guidance Documents.--Not later than 180 days after the date of enactment of this Act, each agency shall publish, in accordance with the requirements under subsection (c), any guidance document issued by that agency that is in effect on that date.
(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.
(c) Single Location.-- (1) In general.--All guidance documents published under subsections (a) and (b) by an agency shall be published in a single location on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C.
(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);
3501 note) (commonly known as regulations.gov).
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and (2) at the location described in subsection (c), indicate-- (A) that the guidance document is rescinded;
(2) Agency internet websites.--Each agency shall, for guidance documents published by the agency under subsections (a) and (b), publish a hyperlink on the Internet website of the agency that provides access to the guidance documents at the location described in paragraph (1).
(3) Organization.-- (A) In general.--The guidance documents described in paragraph (1) shall be-- (i) categorized as guidance documents;
and (ii) further divided into subcategories as appropriate.
(B) Agency internet websites.--The hyperlinks described in paragraph (2) shall be prominently displayed 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, at the location described in subsection (c)(1)-- (1) maintain the rescinded guidance document;
and (2) indicate-- (A) that the guidance document is rescinded;
<all>
Calendar No.
448 115th CONGRESS 2d Session S.
2296 [Report No.
115-271] _______________________________________________________________________ A BILL To increase access to agency guidance documents.
_______________________________________________________________________ June 7, 2018 Reported with an amendment
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Action History

  1. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-271.

  2. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-271.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 448.

  4. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does S 2296 do?
Guidance Out Of Darkness Act or the GOOD Act 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 website that provides access to the guidance documents on regulations.gov. The documents must be categorized as guidance documents and further divided into subcategories. 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.
Who sponsors S 2296?
S 2296 is sponsored by Johnson, Ron (Republican).
What is the current status of S 2296?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 2296?
Track S 2296 free on One Click Politics — get push/email alerts when it moves.

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