[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 252 Reported in Senate (RS)]
<DOC>
Calendar No. 565
119th CONGRESS
2d Session
S. 252
To increase access to agency guidance documents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2025
Mr. Johnson (for himself, Mr. Cramer, Ms. Ernst, Mr. Lankford, Mr.
Tillis, Mrs. Blackburn, Mr. Budd, Mr. Schmitt, Mr. Marshall, Mr.
Sheehy, Mr. Lee, Ms. Lummis, Mr. Scott of Florida, Mr. Hoeven, Mr.
Risch, and Mr. McCormick) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
September 14, 2026
Reported by Mr. Paul, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Guidance Out Of Darkness
Act'' or the ``GOOD Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agency.--The term ``agency'' has the meaning
given the term in section 551 of title 5, United States
Code.</DELETED>
<DELETED> (2) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.</DELETED>
<DELETED> (3) Guidance document.--</DELETED>
<DELETED> (A) Definition.--The term ``guidance
document''--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) does not have the
force and effect of law; and</DELETED>
<DELETED> (II) is designated by an
agency official as setting forth--
</DELETED>
<DELETED> (aa) a policy on a
statutory, regulatory, or
technical issue; or</DELETED>
<DELETED> (bb) an
interpretation of a statutory
or regulatory issue;
and</DELETED>
<DELETED> (ii) may include--</DELETED>
<DELETED> (I) a
memorandum;</DELETED>
<DELETED> (II) a notice;</DELETED>
<DELETED> (III) a
bulletin;</DELETED>
<DELETED> (IV) a
directive;</DELETED>
<DELETED> (V) a news
release;</DELETED>
<DELETED> (VI) a letter;</DELETED>
<DELETED> (VII) a blog
post;</DELETED>
<DELETED> (VIII) a no-action
letter;</DELETED>
<DELETED> (IX) a speech by an agency
official; and</DELETED>
<DELETED> (X) any combination of the
items described in subclauses (I)
through (IX).</DELETED>
<DELETED> (B) Rule of construction.--The term
``guidance document''--</DELETED>
<DELETED> (i) shall be construed broadly to
effectuate the purpose and intent of this Act;
and</DELETED>
<DELETED> (ii) shall not be limited to the
items described in subparagraph
(A)(ii).</DELETED>
<DELETED>SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE
INTERNET.</DELETED>
<DELETED> (a) In General.--Subject to subsection (d), on the date on
which an agency issues a guidance document, the agency shall publish
the guidance document in accordance with the requirements under
subsection (c).</DELETED>
<DELETED> (b) Previously Issued Guidance Documents.--Subject to
subsection (d), not later than 180 days after the date of enactment of
this Act, each agency shall publish, in accordance with the
requirements under subsection (c), any guidance document issued by that
agency that is in effect on that date.</DELETED>
<DELETED> (c) Single Location.--</DELETED>
<DELETED> (1) In general.--All guidance documents published
under subsections (a) and (b) by an agency shall be published
in a single location on an internet website designated by the
Director under paragraph (4).</DELETED>
<DELETED> (2) Agency internet websites.--Each agency shall,
for guidance documents published by the agency under
subsections (a) and (b), publish a hyperlink on the internet
website of the agency that provides access to the guidance
documents at the location described in paragraph (1).</DELETED>
<DELETED> (3) Organization.--</DELETED>
<DELETED> (A) In general.--The guidance documents
described in paragraph (1) shall be--</DELETED>
<DELETED> (i) categorized as guidance
documents; and</DELETED>
<DELETED> (ii) further divided into
subcategories as appropriate.</DELETED>
<DELETED> (B) Agency internet websites.--The
hyperlinks described in paragraph (2) shall be
prominently displayed on the internet website of the
agency.</DELETED>
<DELETED> (4) 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 subsections (a) and (b).</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED> (e) 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 subsection (c)(1)--</DELETED>
<DELETED> (1) maintain the rescinded guidance document;
and</DELETED>
<DELETED> (2) indicate--</DELETED>
<DELETED> (A) that the guidance document is
rescinded;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) the date on which the guidance
document was rescinded.</DELETED>
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 that was promulgated in
accordance with the notice and comment
procedures under section 553 of title 5, United
States Code, or a statutory exemption to such
procedures) 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) of this
section.
(b) Agency Internet Websites.--Each agency shall, for guidance
documents published by the agency under section 3, publish a hyperlink
on the principal internet website of the agency that provides access to
the guidance documents at the location described in subsection (a) of
this section.
(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 principal
internet website of the agency.
(d) Format of Guidance Documents.--Each guidance document published
under section 3 shall be made available as an open Government data
asset (as defined in section 3502 of title 44, United States Code) and,
to the extent practicable, optimized for search engines.
(e) 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 such section
552(b), 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
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the compliance of agencies with this Act.
Calendar No. 565
119th CONGRESS
2d Session
S. 252
_______________________________________________________________________
A BILL
To increase access to agency guidance documents.
_______________________________________________________________________
September 14, 2026
Reported with an amendment