S.Amdt. 1584

1. Adds SEC. __. ACCESS TO AGENCY GUIDANCE DOCUMENTS wherever appropriate

   Adds a section

   Inserted: SEC. __. ACCESS TO AGENCY GUIDANCE DOCUMENTS.

   Inserted: (a) Short Title.--The section may be cited as the "Guidance Out Of Darkness Act" or the "GOOD Act".

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Agency.--The term "agency" has the meaning given the term in section 551 of title 5, United States Code.

   Inserted: (2) Director.--The term "Director" means the Director of the Office of Management and Budget.

   Inserted: (3) Guidance document.--

   Inserted: (A) Definition.--The term "guidance document"--

   Inserted: (i) 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 comment procedures under section 553 of title 5, United States Code) that--

   Inserted: (I) does not have the force and effect of law; and

   Inserted: (II) is designated by an agency official as setting forth--

   Inserted: (aa) a policy on a statutory, regulatory, or technical issue; or

   Inserted: (bb) an interpretation of a statutory or regulatory issue; and

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   Inserted: (ii) may include--

   Inserted: (I) a memorandum;

   Inserted: (II) a notice;

   Inserted: (III) a bulletin;

   Inserted: (IV) a directive;

   Inserted: (V) a news release;

   Inserted: (VI) a letter;

   Inserted: (VII) a blog post;

   Inserted: (VIII) a no-action letter;

   Inserted: (IX) a speech by an agency official; and

   Inserted: (X) any combination of the items described in subclauses (I) through (IX).

   Inserted: (B) Rule of construction.--The term "guidance document"--

   Inserted: (i) shall be construed broadly to effectuate the purpose and intent of this title; and

   Inserted: (ii) shall not be limited to the items described in subparagraph (A)(ii).

   Inserted: (c) Publication of Guidance Documents on the Internet.--

   Inserted: (1) In general.--Subject to paragraph (4), on the date on which an agency issues a guidance document, the agency shall publish the guidance document in accordance with the requirements under paragraph (3).

   Inserted: (2) Previously issued guidance documents.--Subject to paragraph (4), not later than 180 days after the date of enactment of this Act, each agency shall publish, in accordance with the requirements under paragraph (3), any guidance document issued by that agency that is in effect on that date.

   Inserted: (3) Single location.--

   Inserted: (A) In general.--All guidance documents published under paragraphs (1) and (2) by an agency shall be published in a single location on an internet website designated by the Director under subparagraph (D).

   Inserted: (B) Agency internet websites.--Each agency shall, for guidance documents published by the agency under paragraphs (1) and (2), publish a hyperlink on the internet website of the agency that provides access to the guidance documents at the location described in subparagraph (A).

   Inserted: (C) Organization.--

   Inserted: (i) In general.--The guidance documents described in subparagraph (A) shall be--

   Inserted: (I) categorized as guidance documents; and

   Inserted: (II) further divided into subcategories as appropriate.

   Inserted: (ii) Agency internet websites.--The hyperlinks described in subparagraph (B) shall be prominently displayed on the internet website of the agency.

   Inserted: (D) Designation.--Not later than 90 days after the date of enactment of this Act, the Director shall designate an internet website on which guidance documents shall be published under paragraphs (1) and (2).

   Inserted: (4) Documents and information exempt from disclosure under foia.--If a guidance document issued by an agency is a document that is exempt from disclosure under section 552(b) of title 5, United States Code (commonly known as the "Freedom of Information Act"), or contains information that is exempt from disclosure under that section, that document or information, as the case may be, shall not be subject to the requirements under this title.

   Inserted: (5) Rescinded guidance documents.--On the date on which a guidance document issued by an agency is rescinded, or, in the case of a guidance document that is rescinded pursuant to a court order, not later than the date on which the order is entered, the agency shall, at the location described in paragraph (3)(A)--

   Inserted: (A) maintain the rescinded guidance document; and

   Inserted: (B) indicate--

   Inserted: (i) that the guidance document is rescinded;

   Inserted: (ii) if the guidance document was rescinded pursuant to a court order, the case number of the case in which the order was entered; and

   Inserted: (iii) the date on which the guidance document was rescinded.

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   Original wording

   At the appropriate place, insert the following:

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As printed