[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 890 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 890
_______________________________________________________________________
AN ACT
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guidance Out Of Darkness Act'' or
the ``GOOD Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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) In general.--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
(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 Act;
and
(ii) shall not be limited to the items
described in subparagraph (A)(ii).
SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET.
(a) In General.--Subject to section 5, on the date on which an
agency issues a guidance document, the agency shall publish the
guidance document in accordance with the requirements under section 4.
(b) Previously Issued Guidance Documents.--Subject to section 5,
not later than 180 days after the date of enactment of this Act, each
agency shall publish, in accordance with the requirements under section
4, any guidance document issued by that agency that is in effect on
that date.
SEC. 4. SINGLE LOCATION.
(a) In General.--All guidance documents published under section 3
by an agency shall be published in a single location on an internet
website designated by the Director under subsection (d).
(b) Agency Internet Websites.--Each agency shall, for guidance
documents published by the agency under section 3, publish a hyperlink
on the internet website of the agency that provides access to the
guidance documents at the location described in subsection (a).
(c) Organization.--
(1) In general.--The guidance documents described in
subsection (a) shall be--
(A) categorized as guidance documents; and
(B) further divided into subcategories as
appropriate.
(2) Agency internet websites.--The hyperlinks described in
subsection (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 section 3.
SEC. 5. 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 Act.
SEC. 6. 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 section
4(a)--
(1) maintain the rescinded guidance document; and
(2) indicate--
(A) that the guidance document is rescinded;
(B) if the guidance document was rescinded pursuant
to a court order, the case number of the case in which
the order was entered; and
(C) the date on which the guidance document was
rescinded.
SEC. 7. RULES OF CONSTRUCTION.
(a) Validity of Guidance Documents.--Nothing in this Act shall be
construed to mean that noncompliance with any provision of this Act
affects or otherwise impacts the validity of any guidance document.
(b) Congressional Review of Guidance Documents.--Nothing in this
Act shall be construed to affect or otherwise impact whether a guidance
document is subject to congressional review under chapter 8 of title 5,
United States Code.
SEC. 8. REPORT ON AGENCY COMPLIANCE.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General shall submit to the Committee on Oversight and
Accountability of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
agency compliance with this Act.
Passed the House of Representatives July 22, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 890
_______________________________________________________________________
AN ACT
To increase access to agency guidance documents.