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Bill
Notes

H.R. 890 — what changed

Guidance Out Of Darkness Act

From Reported in House to Engrossed in House. 3 sections amended and 5 added between Reported in House and Engrossed in House.

Section 1 Short title

changed This Act may be cited as the “Guidance Out Of Darkness Act of 2023” Act” or the “GOOD Act of 2023”.Act”.

Sec. 2 Definitions

In this Act:

(1)
changed Agency— The term agency “agency” has the meaning given that the term in section 551 of title 5, United States Code.
(2)
changed Director— The term Director “Director” means the Director of the Office of Management and Budget.
(3)
Guidance document—
(A)
changed Definition—In general— The term guidance document—“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)
changed Rule of construction— The term guidance document—“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)
changed In general— Subject to subsection (d), 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 subsection (c).section 4.
(b)
changed Previously issued guidance documents— Subject to subsection (d), 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 subsection (c), section 4, any guidance document issued by that agency that is in effect on that date.
(c)
removed Single location—
(1)
removed 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).
(2)
removed 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).
(3)
removed Organization—
(A)
removed In general— The guidance documents described in paragraph (1) shall be—
(i)
removed categorized as guidance documents; and
(ii)
removed further divided into subcategories as appropriate.
(B)
removed Agency internet websites— The hyperlinks described in paragraph (2) shall be prominently displayed on the internet website of the agency.
(4)
removed 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).
(d)
removed 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.
(e)
removed 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)
removed maintain the rescinded guidance document; and
(2)
removed indicate—
(A)
removed that the guidance document is rescinded;
(B)
removed 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)
removed the date on which the guidance document was rescinded.

Sec. 4 Single location

added
(a)
added 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)
added 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)
added Organization—
(1)
added In general— The guidance documents described in subsection (a) shall be—
(A)
added categorized as guidance documents; and
(B)
added further divided into subcategories as appropriate.
(2)
added Agency internet websites— The hyperlinks described in subsection (b) shall be prominently displayed on the internet website of the agency.
(d)
added 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

added

added 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.

Sec. 6 Rescinded guidance documents

added

added 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)
added maintain the rescinded guidance document; and
(2)
added indicate—
(A)
added that the guidance document is rescinded;
(B)
added 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)
added the date on which the guidance document was rescinded.

Sec. 7 Rules of construction

added
(a)
added 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)
added 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

added

added Not later than 5 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Oversight and Accountability 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.