GUIDANCE OUT OF DARKNESS ACT

On 2025-03-03, Representative Kevin Kiley (R-CA-3) delivered a floor speech titled "GUIDANCE OUT OF DARKNESS ACT" in the House. The speech addressed taxes. It referenced legislation: HR1515.

GUIDANCE OUT OF DARKNESS ACT

Congressional Record, Volume 171 Issue 40 (Monday, March 3, 2025) [Congressional Record Volume 171, Number 40 (Monday, March 3, 2025)] [House] [Pages H928-H930] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] GUIDANCE OUT OF DARKNESS ACT Mr. COMER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1515) to increase access to agency guidance documents. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 1515 Be it enacted by the Senate and House of Representatives 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 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''-- [[Page H929]] (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). SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. SEC. 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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Kentucky (Mr. Comer) and the gentleman from Virginia (Mr. Connolly) each will control 20 minutes. The Chair recognizes the gentleman from Kentucky. General Leave Mr. COMER. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on this measure. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Kentucky? There was no objection. Mr. COMER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I urge my colleagues to support H.R. 1515, the Guidance Out of Darkness Act, or the GOOD Act. Regulatory guidance includes agency statements that, while not intended to have the force and effect of law, establish agency policies of statutory, regulatory, or technical issues. Because such guidance communicates how an agency will administer their law and its programs, it has a significant effect on regulated entities. Regulated entities in the public should know what agency guidance says about the laws and programs that affect them. However, guidance documents are not easy to find. They are not consistently posted on agency websites. This inconsistency burdens regulated entities, and it especially burdens small businesses who often lack the resources to hire compliance experts. The problem is so bad that agency guidance documents are known as regulatory dark matter. For a brief time, the first Trump administration was able to bring helpful and needed sunshine to the situation. Following the GOOD Act's passage by the House during the 115th Congress, the first Trump administration voluntarily adopted the bill's reforms through an October 2019 executive order after the Senate failed to act. Under the executive order, guidance was required to become fully transparent online. Across the government, each agency was directed to make available on its website a single, searchable indexed database with links to all guidance documents in effect. As a result, for the first time, Members of the public could easily find whatever agency guidance they needed online in a central location. The order was in effect during 2019 and 2020 but was regrettably rescinded by the Biden administration. As a result, agencies pulled down their guidance web pages, and guidance, once again, fell into darkness, increasing the potential for agency abuse. This is why we need to, once again, pass the GOOD Act in the House and require agencies to publish their regulatory guidance in a single, easily accessible location. The American public deserves nothing less from their government. I thank my committee colleague, Representative Ro Khanna from California, for cosponsoring my legislation, and I especially thank the ranking member for working with my staff to help us advance a bipartisan bill here today. Mr. Speaker, I urge my colleagues to support this simple and necessary transparency bill, and I reserve the balance of my time. {time} 1545 Mr. CONNOLLY. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 1515, the Guidance Out Of Darkness Act, sponsored by our chairman, the gentleman from Kentucky (Mr. Comer). Mr. Speaker, my Republican colleagues like to say that this bill would cast a light on what they love to call regulatory dark matter. This melodramatic term refers to the guidance documents Federal agencies issue to help the public better understand actions and policies. Guidance documents come in the form of interpretive rules, which describe an agency's interpretation of a statute or regulation, and general statements of agency policy. For example, an agency might issue a guidance document to clarify a regulation and its technical details or to offer more information on compliance. Guidance documents don't have the force of law and are already publicly available. The bill simply requires the agencies to publish guidance documents on a dedicated website for ease [[Page H930]] of access. It also requires the Director of the Office of Management and Budget to designate a single website for accessing all agency guidance documents, except for those exempt from disclosure under the FOIA. Democrats support a transparent Federal Government that is always accountable to the public, so we support this bill, as well. We don't buy into the incendiary rhetoric of some MAGA Republicans trying to paint agency guidance documents as some kind of sinister tool of the adminis

Referenced legislation: HR1515, HR1515