GOOD Act
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The bill would require federal agencies to publish all guidance documents online, in one central location, on the date each is issued, and to flag when a guidance document has been rescinded.
The measure aims to make informal agency policies and interpretations—memos, bulletins, letters, even speeches—easier for the public to find, since such guidance currently may not be published as consistently as formal regulations.
What this bill would do
What it would do
The bill would require every federal agency to publish guidance documents—broadly defined to include memoranda, notices, bulletins, directives, news releases, letters, blog posts, no-action letters, and speeches by agency officials—on the date they are issued. Agencies would also have 180 days to publish any existing guidance documents still in effect. All guidance would have to appear in a single online location designated by the Office of Management and Budget within 90 days of enactment, categorized and subdivided as appropriate, with a prominent hyperlink from each agency's own website.
The bill exempts documents or information that qualify for a Freedom of Information Act exemption. When a guidance document is rescinded, the agency must keep it posted but mark it as rescinded, noting the date and, if applicable, the court case that prompted rescission. It would not affect the legal validity of guidance documents or their treatment under congressional review procedures, and the Government Accountability Office would report on agency compliance five years after enactment.
Key provisions
- 1Would require agencies to publish each guidance document online on the date it is issued
- 2Would require agencies to publish, within 180 days of enactment, all previously issued guidance documents still in effect
- 3Would require all guidance documents to be posted in a single, OMB-designated location, categorized and subcategorized, with a prominent agency website hyperlink
- 4Would exempt guidance documents or information covered by Freedom of Information Act exemptions from the publication requirements
- 5Would require agencies to retain rescinded guidance documents online while marking them as rescinded, including the date and any related court case
- 6Would require the Comptroller General to report to Congress on agency compliance within five years of enactment
Who would be affected
All federal executive agencies, as defined under Title 5 of the U.S. Code, along with the Office of Management and Budget, which must designate the central publication website. Members of the public, businesses, lawyers, and advocacy groups who rely on agency guidance to understand regulatory expectations would gain easier access to that material.
Why it matters
Businesses and individuals often must comply with informal agency guidance that can be scattered across websites or hard to locate, making compliance uncertain. Centralized, timely publication would let the public more easily track current agency positions and know when guidance has been withdrawn, potentially reducing confusion and unequal access to regulatory information.
What would change
Agencies directed to act
Effective dates
- Agencies must publish existing guidance documents still in effect
- OMB must designate the website for publishing guidance documents
- Comptroller General must report on agency compliance
How implementation would work
The Office of Management and Budget must designate a single website within 90 days of enactment. Agencies must then publish new guidance documents there as they are issued, and post existing guidance within 180 days, sorting documents into categories and subcategories and linking to the site from their own homepages. When guidance is rescinded, agencies must keep the record but label it rescinded, noting the date and any related court order. Five years after enactment, the Government Accountability Office must report to relevant House and Senate committees on how well agencies have complied.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Official CRS summary
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This bill establishes requirements concerning the posting of agency guidance documents. Specifically, an agency must publish guidance documents online on the dates they are issued, publish all of its guidance documents that are in effect in a single location on a designated website, display a hyperlink on its website that provides access to the guidance documents on such website, and indicate on such website if a guidance document has been rescinded.
The documents must be categorized as guidance documents and further divided into subcategories.
No later than five years after the enactment of this bill, the Government Accountability Office must report on agency compliance with these requirements.
Legislative subjects
Administrative law and regulatory procedures; Government Operations and Politics; Government information and archives