A substantive amendment, v2 completely replaces the text of v1, primarily reorganizing the bill's structure by moving subsections into new sections. Key changes include a clarification to the definition of "guidance document," new requirements for the format and accessibility of published documents, and the addition of rules of construction and a compliance reporting mandate.
GOOD Act
- Sponsor
- Sen. Johnson, Ron [R-WI]
- Committees
- Homeland Security and Governmental Affairs Committee (primary)
- Last action
- Sep 14, 2026
Bottom line
The 'GOOD Act' aims to significantly enhance transparency and public access to federal agency guidance documents by requiring their centralized, searchable online publication in open data formats.
What it actually does
This bill mandates that all federal agencies publish their guidance documents in a single, searchable online location, including both newly issued and previously existing guidance. It broadly defines 'guidance document' to encompass various informal agency communications and requires rescinded documents to be maintained with clear labels. The bill also stipulates that these documents must be made available as open Government data assets and optimized for search engines.
Proponents argue
Proponents argue that this bill is essential for increasing government transparency and accountability, making it easier for the public, businesses, and regulated entities to understand the non-binding policies and interpretations that often shape agency actions. They contend it reduces regulatory uncertainty and empowers citizens with critical information about how federal agencies operate.
Opponents contend
Critics or agencies might express concerns about the substantial administrative burden and resource implications of identifying, reviewing, converting, and publishing a vast quantity of historical and ongoing guidance documents, especially the technical requirements for open data formats and search engine optimization. Some might also worry that formalizing all informal guidance could make agencies more hesitant to offer helpful, quick advice.
The bill is relatively short and clearly written, making it accessible for an informed reader to evaluate its provisions within a reasonable timeframe.
Section 1
Short Title
This section establishes the official short title of the Act as the 'Guidance Out Of Darkness Act' or the 'GOOD Act.' This provides a concise and memorable name for the legislation, making it easier to reference and discuss in public discourse and legislative proceedings.
Supporters argue
Providing a clear and memorable short title facilitates public and legislative discussion of the bill's purpose and content.
Critics contend
No specific opposition is typically raised against the naming of legislation, as it is a standard procedural element.
Tradeoffs
None.
Section 2
Definitions of 'Agency' and 'Guidance Document'
This section defines key terms for the Act. It defines 'agency' by referencing existing federal law (5 U.S.C. 551) and 'Director' as the Director of the Office of Management and Budget. Crucially, it broadly defines 'guidance document' as any agency statement of general applicability that does not have the force of law, sets policy, or interprets statutory/regulatory issues, explicitly including various informal communications like memos, letters, and even blog posts. It also clarifies that this definition should be construed broadly to effectuate the Act's purpose.
Section 3
Mandatory Publication of Guidance Documents
This section mandates that federal agencies publish all new guidance documents on the date they are issued. Additionally, it requires agencies to publish all existing guidance documents that are in effect within 180 days after the Act's enactment. This ensures that both prospective and retrospective guidance is made publicly available, providing a comprehensive view of agency policies.
Section 4
Centralized Online Publication and Data Format
This section mandates that all guidance documents be published in a single, designated location on an internet website, which the Director of OMB must designate within 90 days of enactment. Agencies are also required to provide a prominent hyperlink to this central location on their principal internet websites. Furthermore, each guidance document must be made available as an 'open Government data asset' (as defined in 44 U.S.C. 3502) and, to the extent practicable, optimized for search engines. This ensures discoverability, usability, and machine-readability of the guidance.
Section 5
Exemption for FOIA-Protected Information
This section clarifies that any guidance document, or specific information within a guidance document, that is exempt from disclosure under the Freedom of Information Act (FOIA) (5 U.S.C. 552(b)) is not subject to the publication requirements of this Act. This ensures that existing legal protections for sensitive information, such as classified data, trade secrets, or personal privacy information, remain intact.
Section 6
Archiving and Labeling Rescinded Guidance Documents
This section requires agencies to maintain rescinded guidance documents at the designated central online location. For each rescinded document, the agency must clearly indicate that it is no longer in effect, state the date of rescission, and, if the rescission was due to a court order, include the relevant case number. This ensures that a complete historical record of agency guidance is preserved and that the public can easily distinguish between active and inactive policies.
Section 7
Clarification on Validity and Congressional Review
This section includes two rules of construction. First, it states that noncompliance with any provision of this Act does not affect or otherwise impact the validity of any guidance document. Second, it clarifies that 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 (the Congressional Review Act). These provisions aim to provide legal certainty regarding the Act's scope and impact.
Section 8
GAO Report on Agency Compliance
This section requires the Comptroller General (who heads the Government Accountability Office, or GAO) to submit a report 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. This report, due not later than 5 years after the Act's enactment, will assess the compliance of federal agencies with the requirements of this Act.
Requires each guidance document published under the Act to be made available as an 'open Government data asset' (as defined in section 3502 of title 44, United States Code) and, to the extent practicable, optimized for search engines.
Section 4(d)
Why it matters:Referencing existing definitions (like 44 U.S.C. 3502) is standard legislative practice rather than re-stating them. The technical nature of the requirement makes it less prominent than the general publication mandate, and the 'practicable' clause is a common legislative compromise.
Case for: Supporters would argue that this provision is critical for modernizing access to government information, making guidance machine-readable and easily integrated into third-party applications. This maximizes its utility beyond simple human-readable PDFs, fostering innovation and deeper analysis of agency policies.
Case against: Agencies might find the technical implementation challenging and costly, particularly for older documents that may not be in digital formats suitable for conversion to 'open Government data asset' standards. The 'to the extent practicable' clause could also lead to inconsistent application across agencies, undermining the goal of uniform data access.
Estimated impact: This provision has the potential for significant impact on data accessibility and usability for the public and developers, but also poses substantial technical and resource challenges for federal agencies.