[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 890 Referred in Senate (RFS)]

<DOC>
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 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:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.