GOOD Act in plain language
1: Short title
This section says the Act may be cited as the Guidance Out Of Darkness Act or the GOOD Act.
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1. Short title This Act may be cited as the Guidance Out Of Darkness Act or the GOOD Act .
2: Definitions
This section would define three terms used in the Act. "Agency" would have the meaning given in section 551 of title 5 of the United States Code. "Director" would mean the Director of the Office of Management and Budget. "Guidance document" would mean an agency statement of general applicability that does not have the force and effect of law (this excludes a rule issued through the formal notice-and-comment process under section 553 of title 5) and that an agency official designates as setting out either a policy on a statutory, regulatory, or technical issue, or an interpretation of a statutory or regulatory issue. The term could include a memorandum, notice, bulletin, directive, news release, letter, blog post, no-action letter, a speech by an agency official, or any combination of these, but this list would not limit what counts: the term would be construed broadly and would not be limited to the listed examples.
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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).
3: Publication of guidance documents on the internet
Subject to the FOIA exemption in section 5, this section would require an agency to publish any guidance document it issues, following the requirements set out in section 4, on the date the agency issues that document. It would also require each agency, no later than 180 days after the Act's enactment, to publish, under those same section 4 requirements, every guidance document that agency already has in effect on that date.
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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.
4: Single location
This section would require that all guidance documents published under section 3 by an agency be posted in a single location on an internet website designated by the Director. Each agency would have to publish a hyperlink on its own agency website that links to that single location, and this hyperlink would have to be prominently displayed on the agency's website. The guidance documents at that single location would have to be categorized as guidance documents and further divided into subcategories as appropriate. No later than 90 days after the Act's enactment, the Director would have to designate the internet website on which guidance documents are to be published under section 3.
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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.
5: Documents and information exempt from disclosure under FOIA
This section would exempt a guidance document, or any information contained in it, from the Act's publication requirements if that document or information is exempt from disclosure under section 552(b) of title 5 of the United States Code, the Freedom of Information Act.
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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.
6: Rescinded guidance documents
This section would require an agency, when one of its guidance documents is rescinded, to keep the rescinded document at the single location described in section 4(a) and to indicate that the document is rescinded, the case number of any court case in which a court ordered the rescission, and the date the document was rescinded. If a court orders the rescission, the agency would have to do this no later than the date the court's order is entered; otherwise, the agency would have to do this on the date the document is rescinded.
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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.
7: Rules of construction
This section would state two limits on how the Act is read. First, nothing in the Act would mean that an agency's failure to comply with the Act affects the validity of any guidance document. Second, nothing in the Act would affect whether a guidance document is subject to congressional review under chapter 8 of title 5 of the United States Code.
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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.
8: Report on agency compliance
This section would require the Comptroller General, no later than 5 years after the Act's enactment, to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a report on agency compliance with the Act.
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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 agency compliance with this Act.