I 
116TH CONGRESS 
2D SESSION 
H. R. 7396 
To increase access to agency guidance documents. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2020 
Mr. WALKER introduced the following bill; which was referred to the 
Committee on Oversight and Reform 
A BILL 
To increase access to agency guidance documents. 
Be it enacted by the Senate and House of Representa-
tives 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 that term in section 551 of title 5, 
United States Code. 
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(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(3) GUIDANCE DOCUMENT.— 
(A) DEFINITION.—The term ‘‘guidance 
document’’— 
(i) means an agency statement of gen-
eral applicability (other than a rule that 
has the force and effect of law promul-
gated 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; 
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(V) a news release; 
(VI) a letter; 
(VII) a blog post; 
(VIII) a no-action letter; 
(IX) a speech by an agency offi-
cial; 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 effec-
tuate 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 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). 
(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 pub-
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prominently displayed on the internet website of 
the agency. 
(4) DESIGNATION.—Not later than 90 days 
after the date of enactment of this Act, the Director 
shall designate an internet website on which guid-
ance documents shall be published under subsections 
(a) and (b). 
(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 disclo-
sure under that section, that document or information, as 
the case may be, shall not be subject to the requirements 
under this Act. 
(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)— 
(1) maintain the rescinded guidance document; 
and 
(2) indicate— 
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(A) that the guidance document is re-
scinded; 
(B) if the guidance document was re-
scinded pursuant to a court order, the case 
number of the case in which the order was en-
tered; and 
(C) the date on which the guidance docu-
ment was rescinded. 
Æ 
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