What This Bill Does
This bill requires federal agencies to publish their guidance documents on the internet in one central location. The bill applies to new guidance documents issued after the bill becomes law and to existing guidance documents already in effect.
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Who It Affects
Federal agencies and the public who need access to agency guidance documents.
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Key Provisions
- Agencies must publish new guidance documents on the date they issue them, following specific requirements (Sec. 3)
- Agencies must publish all existing guidance documents within 180 days after the bill becomes law (Sec. 3)
- The Office of Management and Budget Director will designate a single internet website where all guidance documents must be published (Sec. 4)
- Agencies must put a link to this central website on their own websites, displayed prominently (Sec. 4)
- Guidance documents must be organized by category and subcategory on the central website (Sec. 4)
- When an agency cancels a guidance document, it must keep the document visible at the central website and mark it as cancelled, including the cancellation date (Sec. 6)
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What Changes
Federal agencies will have one central online location where all their guidance documents are publicly available. Guidance documents that were previously scattered across different agency websites will now be organized in one place.
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Important Definitions
A "guidance document" is a statement by an agency about policy or how it interprets laws and rules. It does not have the force of law. Examples include memorandums, notices, bulletins, directives, letters, blog posts, news releases, and speeches by agency officials (Sec. 2).
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Effective Date
Not specified in bill text
IIB
118TH CONGRESS
2D SESSION
H. R. 890
IN THE SENATE OF THE UNITED STATES
JULY 23, 2024
Received; read twice and referred to the Committee on Homeland Security and
Governmental Affairs
AN ACT
To increase access to agency guidance documents.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Guidance Out Of
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Darkness Act’’ or the ‘‘GOOD Act’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) AGENCY.—The term ‘‘agency’’ has the
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meaning given the term in section 551 of title 5,
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United States Code.
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(2) DIRECTOR.—The term ‘‘Director’’ means
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the Director of the Office of Management and Budg-
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et.
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(3) GUIDANCE DOCUMENT.—
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(A) IN
GENERAL.—The term ‘‘guidance
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document’’—
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(i) means an agency statement of gen-
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eral applicability (other than a rule that
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has the force and effect of law promul-
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gated in accordance with the notice and
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comment procedures under section 553 of
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title 5, United States Code) that—
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(I) does not have the force and
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effect of law; and
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(II) is designated by an agency
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official as setting forth—
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(aa) a policy on a statutory,
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regulatory, or technical issue; or
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(bb) an interpretation of a
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statutory or regulatory issue; and
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(ii) may include—
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(I) a memorandum;
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(II) a notice;
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(III) a bulletin;
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(IV) a directive;
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(V) a news release;
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(VI) a letter;
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(VII) a blog post;
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(VIII) a no-action letter;
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(IX) a speech by an agency offi-
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cial; and
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(X) any combination of the items
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described in subclauses (I) through
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(IX).
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(B) RULE OF CONSTRUCTION.—The term
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‘‘guidance document’’—
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(i) shall be construed broadly to effec-
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tuate the purpose and intent of this Act;
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and
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(ii) shall not be limited to the items
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described in subparagraph (A)(ii).
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SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE
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INTERNET.
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(a) IN GENERAL.—Subject to section 5, on the date
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on which an agency issues a guidance document, the agen-
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cy shall publish the guidance document in accordance with
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the requirements under section 4.
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(b) PREVIOUSLY ISSUED GUIDANCE DOCUMENTS.—
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Subject to section 5, not later than 180 days after the
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date of enactment of this Act, each agency shall publish,
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in accordance with the requirements under section 4, any
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guidance document issued by that agency that is in effect
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on that date.
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SEC. 4. SINGLE LOCATION.
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(a) IN GENERAL.—All guidance documents published
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under section 3 by an agency shall be published in a single
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location on an internet website designated by the Director
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under subsection (d).
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(b) AGENCY INTERNET WEBSITES.—Each agency
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shall, for guidance documents published by the agency
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under section 3, publish a hyperlink on the internet
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website of the agency that provides access to the guidance
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documents at the location described in subsection (a).
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(c) ORGANIZATION.—
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(1) IN GENERAL.—The guidance documents de-
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scribed in subsection (a) shall be—
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(A) categorized as guidance documents;
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and
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(B) further divided into subcategories as
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appropriate.
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(2)
AGENCY
INTERNET
WEBSITES.—The
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hyperlinks described in subsection (b) shall be
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prominently displayed on the internet website of the
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agency.
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(d) DESIGNATION.—Not later than 90 days after the
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date of enactment of this Act, the Director shall designate
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an internet website on which guidance documents shall be
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published under section 3.
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SEC. 5. DOCUMENTS AND INFORMATION EXEMPT FROM
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DISCLOSURE UNDER FOIA.
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If a guidance document issued by an agency is a doc-
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ument that is exempt from disclosure under section 552(b)
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of title 5, United States Code (commonly known as the
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‘‘Freedom of Information Act’’), or contains information
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that is exempt from disclosure under that section, that
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document or information, as the case may be, shall not
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be subject to the requirements under this Act.
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SEC. 6. RESCINDED GUIDANCE DOCUMENTS.
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On the date on which a guidance document issued
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by an agency is rescinded, or, in the case of a guidance
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document that is rescinded pursuant to a court order, not
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later than the date on which the order is entered, the
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agency shall, at the location described in section 4(a)—
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(1) maintain the rescinded guidance document;
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and
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(2) indicate—
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(A) that the guidance document is re-
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scinded;
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(B) if the guidance document was re-
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scinded pursuant to a court order, the case
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number of the case in which the order was en-
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tered; and
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(C) the date on which the guidance docu-
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ment was rescinded.
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SEC. 7. RULES OF CONSTRUCTION.
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(a) VALIDITY OF GUIDANCE DOCUMENTS.—Nothing
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in this Act shall be construed to mean that noncompliance
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with any provision of this Act affects or otherwise impacts
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the validity of any guidance document.
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(b) CONGRESSIONAL REVIEW OF GUIDANCE DOCU-
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MENTS.—Nothing in this Act shall be construed to affect
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or otherwise impact whether a guidance document is sub-
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ject to congressional review under chapter 8 of title 5,
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United States Code.
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SEC. 8. REPORT ON AGENCY COMPLIANCE.
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Not later than 5 years after the date of enactment
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of this Act, the Comptroller General shall submit to the
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Committee on Oversight and Accountability of the House
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of Representatives and the Committee on Homeland Secu-
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rity and Governmental Affairs of the Senate a report on
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agency compliance with this Act.
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Passed the House of Representatives July 22, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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