The GOOD Act (Guidance Out Of Darkness Act) would require federal agencies to make non-binding guidance documents that interpret or explain laws, regulations, or agency policies publicly accessible in one centralized online location. The act defines a broad category of guidance—from memos and notices to blog posts and speeches—that agencies designate as setting policy or interpreting law. Agencies would publish new guidance as soon as it is issued and would publish all guidance in effect as of enactment within 180 days. A central portal, designated by the Director of the Office of Management and Budget (OMB), would host all guidance, with agency hyperlinks directing the public to that portal. The legislation also requires agencies to maintain records of rescinded guidance and to label them as rescinded, including court-ordered rescissions, and provides FOIA-related exemptions for documents that are themselves exempt from disclosure. A GAO report would be due within five years assessing compliance. In short, the bill aims to dramatically improve transparency and public access to non-binding agency guidance that shapes how laws and regulations are understood and applied, while creating new administrative responsibilities and potential costs for federal agencies.
Key Points
- 1Broad definition of guidance documents: Non-binding agency statements that set policy or interpret law/regulations (including memos, notices, blogs, speeches, etc.), with rules of construction to keep this scope wide.
- 2Central online publication: All guidance must be published in a single internet location designated by the Director of the OMB, with agencies linking to that central portal from their own websites and organizing materials into categories.
- 3Publication timelines: New guidance must be posted when issued; existing guidance in effect at the time of enactment must be published within 180 days.
- 4FOIA exemptions: Documents or information that are exempt from disclosure under FOIA are not required to be published under these provisions.
- 5Rescinded guidance: When guidance is rescinded (including by court order), agencies must maintain the document on the portal and clearly mark it as rescinded, noting the rescission date and, if applicable, the court case information.