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Union Calendar No. 497 

118TH CONGRESS 

2D SESSION H. R. 890 

[Report No. 118–597] 

To increase access to agency guidance documents. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2023 

Mr. COMER (for himself, Mr. PERRY, Mr. BIGGS, Mr. HIGGINS of Louisiana, 

Mr. BURCHETT, Mr. SESSIONS, Ms. FOXX, Ms. MACE, Ms. BOEBERT, 

Mr. FRY, and Mr. PALMER) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

JULY 18, 2024 

Additional sponsors: Mr. LANGWORTHY, Mr. BURLISON, Ms. HAGEMAN, Mr. 

KHANNA, and Mr. FALLON

JULY 18, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 9, 2023] 


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A BILL 

To increase access to agency guidance documents. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guidance Out Of Dark5 ness Act of 2023’’ or the ‘‘GOOD Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the mean9 ing given that term in section 551 of title 5, United 

10 States Code. 

11 (2) DIRECTOR.—The term ‘‘Director’’ means the 

12 Director of the Office of Management and Budget. 

13 (3) GUIDANCE DOCUMENT.— 

14 (A) DEFINITION.—The term ‘‘guidance doc15 ument’’— 

16 (i) means an agency statement of gen17 eral applicability (other than a rule that 

18 has the force and effect of law promulgated 

19 in accordance with the notice and comment 

20 procedures under section 553 of title 5, 

21 United States Code) that— 

22 (I) does not have the force and ef23 fect of law; and 

24 (II) is designated by an agency 

25 official as setting forth— 


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1 (aa) a policy on a statutory, 

2 regulatory, or technical issue; or 

3 (bb) an interpretation of a 

4 statutory or regulatory issue; and 

5 (ii) may include— 

6 (I) a memorandum; 

7 (II) a notice; 

8 (III) a bulletin; 

9 (IV) a directive; 

10 (V) a news release; 

11 (VI) a letter; 

12 (VII) a blog post; 

13 (VIII) a no-action letter; 

14 (IX) a speech by an agency offi15 cial; and 

16 (X) any combination of the items 

17 described in subclauses (I) through 

18 (IX). 

19 (B) RULE OF CONSTRUCTION.—The term 

20 ‘‘guidance document’’— 

21 (i) shall be construed broadly to effec22 tuate the purpose and intent of this Act; 

23 and 

24 (ii) shall not be limited to the items 

25 described in subparagraph (A)(ii). 


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1 SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE 

2 INTERNET. 

3 (a) IN GENERAL.—Subject to subsection (d), on the 

4 date on which an agency issues a guidance document, the 

5 agency shall publish the guidance document in accordance 

6 with the requirements under subsection (c). 

7 (b) PREVIOUSLY ISSUED GUIDANCE DOCUMENTS.— 

8 Subject to subsection (d), not later than 180 days after the 

9 date of enactment of this Act, each agency shall publish, 

10 in accordance with the requirements under subsection (c), 

11 any guidance document issued by that agency that is in 

12 effect on that date. 

13 (c) SINGLE LOCATION.— 

14 (1) IN GENERAL.—All guidance documents pub15 lished under subsections (a) and (b) by an agency 

16 shall be published in a single location on an internet 

17 website designated by the Director under paragraph 

18 (4). 

19 (2) AGENCY INTERNET WEBSITES.—Each agency 

20 shall, for guidance documents published by the agency 

21 under subsections (a) and (b), publish a hyperlink on 

22 the internet website of the agency that provides access 

23 to the guidance documents at the location described in 

24 paragraph (1). 

25 (3) ORGANIZATION.— 


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1 (A) IN GENERAL.—The guidance documents 

2 described in paragraph (1) shall be— 

3 (i) categorized as guidance documents; 

4 and 

5 (ii) further divided into subcategories 

6 as appropriate. 

7 (B) AGENCY INTERNET WEBSITES.—The 

8 hyperlinks described in paragraph (2) shall be 

9 prominently displayed on the internet website of 

10 the agency. 

11 (4) DESIGNATION.—Not later than 90 days after 

12 the date of enactment of this Act, the Director shall 

13 designate an internet website on which guidance doc14 uments shall be published under subsections (a) and 

15 (b). 

16 (d) DOCUMENTS AND INFORMATION EXEMPT FROM

17 DISCLOSURE UNDER FOIA.—If a guidance document 

18 issued by an agency is a document that is exempt from dis19 closure under section 552(b) of title 5, United States Code 

20 (commonly known as the ‘‘Freedom of Information Act’’), 

21 or contains information that is exempt from disclosure 

22 under that section, that document or information, as the 

23 case may be, shall not be subject to the requirements under 

24 this Act. 


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1 (e) RESCINDED GUIDANCE DOCUMENTS.—On the date 

2 on which a guidance document issued by an agency is re3 scinded, or, in the case of a guidance document that is re4 scinded pursuant to a court order, not later than the date 

5 on which the order is entered, the agency shall, at the loca6 tion described in subsection (c)(1)— 

7 (1) maintain the rescinded guidance document; 

8 and 

9 (2) indicate— 

10 (A) that the guidance document is re11 scinded; 

12 (B) if the guidance document was rescinded 

13 pursuant to a court order, the case number of the 

14 case in which the order was entered; and 

15 (C) the date on which the guidance docu16 ment was rescinded. 


ssavage on LAPJG3WLY3PROD with BILLS
Union Calendar No. 497 

118TH CONGRESS 

2D SESSION H. R. 890 

[Report No. 118–597] 

A BILL 

To increase access to agency guidance documents. 

JULY 18, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS