Guidance Out of Darkness Act

Floor Speech

Date: July 22, 2024
Location: Washington, DC


Mr. Speaker, I rise in support of H.R. 890. I thank the gentlewoman for her leadership.

The bill is titled the Guidance Out Of Darkness Act, suggesting that agency guidance documents are currently secreted away behind closed doors, shrouded in mystery. This is a bit melodramatic, gothic, and not exactly the reality.

Federal agencies are presently required to disclose any statement of policy and interpretations that are not otherwise published in the Federal Register, but it is true that there are not standardized requirements now for how and where to publish these guidance documents.

The GOOD Act would establish such requirements, directing agencies to publish them on a dedicated website of the agency. It would also require the OMB Director to designate a single website where all such guidance could be found.

This step to make agency guidance documents more organized and accessible makes good sense.

I appreciate my colleagues for working to address a number of concerns raised about the bill as originally drafted. For example, the bill now includes an exception to publishing a guidance document if that document is exempt from disclosure under FOIA, ensuring that the bill does not result in sensitive information winding up in the hands of our adversaries.

However, some valid concerns remain outstanding--chiefly, that the bill's definition of ``guidance document'' may be overly broad to the extent that it undermines the transparency the bill is meant to advance.

I won't oppose this bill today because I appreciate its stated goal of promoting transparency. I do ask our GOP colleagues to continue working with us in good faith to thoroughly examine and address some lingering concerns before it moves any further through the legislative process.

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Mr. RASKIN. Mr. Speaker, I am in favor of this legislation. I yield back the balance of my time.

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