The GOOD Act (Guidance Out Of Darkness Act) would require federal agencies to increase and centralize public access to their non-binding guidance documents. It defines guidance broadly to include memos, notices, bulletins, blog posts, speeches, and similar items that set policy or interpret statutes or regulations but do not have the force of law. The bill would require each agency to publish these guidance documents online in a single, centralized portal designated by the Director of the Office of Management and Budget (OMB). Agencies must publish new guidance on issuance and, within 180 days of enactment, publish guidance that is already in effect. The portal would organize documents for easy navigation, and rescinded guidance must be clearly marked and retained in the portal with relevant details. Documents exempt from FOIA or containing other confidential information would not be subject to these publication requirements.
Key Points
- 1Broad definition of “guidance document” includes memos, notices, blogs, speeches, and similar non-binding statements that interpret or advise on policy or statute, not formal rules with notice-and-comment effect.
- 2Creation of a single, centralized internet portal designated by the Director of the OMB where all agency guidance documents must be published; agencies must link to this portal from their own websites.
- 3Agencies must publish new guidance on issuance and, within 180 days after enactment, publish guidance that is currently in effect.
- 4Guidance documents must be clearly categorized and organized on the portal to enhance searchability and accessibility.
- 5Documents and information that are FOIA-exempt or otherwise protected from disclosure are not subject to these publication requirements; rescinded guidance must be retained and clearly marked with rescission details (and court-order specifics, if applicable).