GOOD Act
- Bill Number
- S. 252
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-01-24: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-06-22T18:40:36Z
AI-Generated Summary
Purpose
The "Guidance Out Of Darkness Act" (GOOD Act) aims to improve public access to federal agency guidance documents by requiring their centralized online publication. These documents are non-binding statements that interpret laws or set policies but do not carry the force of law. The goal is to make such information more transparent and easier to find, reducing confusion for the public.
Key Provisions
- Definitions:
- Agency: Any federal executive department or independent agency, as defined in existing U.S. law (5 U.S.C. § 551).
- Director: The head of the Office of Management and Budget (OMB), an executive branch office that oversees federal budgeting and management.
- Guidance Document: Broadly defined as any agency statement of general applicability (applying to a wide group) that is not a formal rule with legal force. It includes items like memos, bulletins, letters, blog posts, or speeches by officials that set policies or interpret laws/regulations. The definition is intentionally wide to capture influential agency communications.
- Publication Requirements:
- Agencies must publish new guidance documents on the day they are issued.
- For existing guidance documents still in effect, agencies must publish them within 180 days of the Act's enactment.
- All documents must be posted in a single, centralized location on a government internet website designated by the OMB Director (designation required within 90 days of enactment).
- Agencies must add prominent hyperlinks on their own websites linking to this central site.
- Documents must be organized and categorized (e.g., by topic) for easy navigation.
- Exemptions and Handling Rescinded Documents:
- Guidance documents (or parts of them) exempt from public disclosure under the Freedom of Information Act (FOIA, a law allowing public access to government records) are not required to be published.
- When a guidance document is withdrawn (rescinded), agencies must keep it online in the central location but clearly mark it as rescinded, including the date and, if due to a court order, the case number.
Significant Changes to Existing Law
- This Act introduces a new federal requirement for proactive, centralized online publication of guidance documents, which were previously often scattered across agency websites, internal memos, or not publicly shared at all.
- It builds on but expands existing laws like the Administrative Procedure Act (which governs formal rules) by addressing "guidance" that falls outside formal rulemaking.
- No direct amendments to prior laws are made, but it enforces broader transparency without altering FOIA exemptions.
Potential Impacts
- On Government Agencies: Agencies will face administrative burdens to review, categorize, and upload documents, potentially requiring new staff or systems. This could standardize how agencies communicate policies but increase compliance costs initially.
- On Citizens and Businesses: Greater access to guidance could help individuals, companies, and interest groups better understand agency expectations, reducing uncertainty in complying with regulations (e.g., in environmental, health, or financial areas). It promotes fairness by making non-binding advice publicly available.
- On International Relations: Minimal direct impact, though foreign entities dealing with U.S. agencies (e.g., in trade or security) may benefit from clearer policy signals.
Main Stakeholders Affected
- Federal Agencies: Primary implementers, including departments like Homeland Security, Environment, or Treasury, which issue frequent guidance.
- Public and Private Sector: Citizens, businesses, nonprofits, and lawyers who rely on agency interpretations for compliance or advocacy.
- Office of Management and Budget (OMB): Oversees the central website and ensures agency compliance.
- Courts and Oversight Bodies: May see indirect effects through easier tracking of rescinded guidance in legal challenges.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances administrative law transparency by treating guidance documents (often called "soft law" because they influence without binding) more like public records, potentially reducing lawsuits over unclear agency positions. It respects FOIA limits, avoiding conflicts with privacy or national security protections.
- Constitutional: Aligns with First Amendment principles of open government but does not raise free speech issues for agencies. It supports due process by making policy interpretations accessible, helping prevent arbitrary enforcement.
- Political: Could curb "regulatory overreach" by spotlighting informal guidance, appealing to those favoring less bureaucracy. It may invite political scrutiny of agency actions but fosters accountability without partisan mandates. The bill's bipartisan sponsorship (from senators across parties) suggests broad support for transparency reforms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (15)
Sen. Cramer, Kevin [R-ND], Sen. Ernst, Joni [R-IA], Sen. Lankford, James [R-OK], Sen. Tillis, Thomas [R-NC], Sen. Blackburn, Marsha [R-TN], Sen. Budd, Ted [R-NC], Sen. Schmitt, Eric [R-MO], Sen. Marshall, Roger [R-KS], Sen. Sheehy, Tim [R-MT], Sen. Lee, Mike [R-UT], Sen. Lummis, Cynthia M. [R-WY], Sen. Scott, Rick [R-FL], Sen. Hoeven, John [R-ND], Sen. Risch, James E. [R-ID], Sen. McCormick, David [R-PA]
Recent Actions
- 2025-01-24: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-01-24: Introduced in Senate
Bill Versions
- Guidance Out Of Darkness Act — issued 2025-01-24 — PDF (6 pages)