[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3113-S3114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1584. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ACCESS TO AGENCY GUIDANCE DOCUMENTS.

       (a) Short Title.--The section may be cited as the 
     ``Guidance Out Of Darkness Act'' or the ``GOOD Act''.
       (b) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (3) Guidance document.--
       (A) Definition.--The term ``guidance document''--
       (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--

       (I) does not have the force and effect of law; and
       (II) is designated by an agency official as setting forth--

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

[[Page S3114]]

       (bb) an interpretation of a statutory or regulatory issue; 
     and
       (ii) may include--

       (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; 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 title; and
       (ii) shall not be limited to the items described in 
     subparagraph (A)(ii).
       (c) Publication of Guidance Documents on the Internet.--
       (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).
       (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.
       (3) Single location.--
       (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).
       (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).
       (C) Organization.--
       (i) In general.--The guidance documents described in 
     subparagraph (A) shall be--

       (I) categorized as guidance documents; and
       (II) further divided into subcategories as appropriate.

       (ii) Agency internet websites.--The hyperlinks described in 
     subparagraph (B) shall be prominently displayed on the 
     internet website of the agency.
       (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).
       (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.
       (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)--
       (A) maintain the rescinded guidance document; and
       (B) indicate--
       (i) that the guidance document is rescinded;
       (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
       (iii) the date on which the guidance document was 
     rescinded.
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