The implementation of SB791 could significantly alter how agencies communicate regulatory expectations and guidelines. By requiring that guidance documents be accessible online, the bill seeks to enhance transparency and provide clearer information to the public and stakeholders. This increased access is intended to empower individuals and organizations by ensuring they have access to the same information as the regulators, which could lead to more informed compliance and engagement with regulatory processes.
Summary
SB791, known as the Guidance Out Of Darkness Act or the GOOD Act, aims to enhance access to agency guidance documents. These documents, which provide interpretations or policies on regulatory issues, are meant to be more readily available to the public. The bill mandates that, starting from the date of issuance, all guidance documents must be publicly published on a designated internet website. Furthermore, all existing guidance documents that are in effect at the time of the bill's enactment are required to be published within 180 days.
Contention
This bill may face scrutiny regarding its implications for agency discretion and the volume of information made publicly available. Some critics might argue that while transparency is essential, there are valid reasons for withholding certain guidance documents or limiting public access to specific regulatory interpretations, especially if they contain sensitive or strategic information. Additionally, there could be concerns about agencies' capacity to manage and keep up with the burdens of maintaining and updating guidance documents on the mandated platform.
Guidance Out Of Darkness Act or the GOOD ActThis bill establishes requirements concerning the posting of agency guidance documents. Specifically, an agency must publish guidance documents online on the dates they are issued, publish all of its guidance documents that are in effect in a single location on a designated website, display a hyperlink on its website that provides access to the guidance documents on such website, and indicate on such website if a guidance document has been rescinded.The documents must be categorized as guidance documents and further divided into subcategories.No later than five years after the enactment of this bill, the Government Accountability Office must report on agency compliance with these requirements.