GOOD Act

Mr. Speaker, I rise today in support of H.R. 4809, the Guidance Out of Darkness, or GOOD, Act.

Mr. Speaker, those who must live their lives or run their businesses according to a set of rules have a right to know what those rules are.

To foster accountability and transparency in Federal regulation, Congress passed the Administrative Procedure Act in 1946, which required disclosure or publication of administrative rules. Unfortunately, the law contains an exception for what we commonly refer to as guidance documents.

Guidance documents are sporadically posted on agency websites and the websites of component agencies and offices, while some are not posted at all. That inconsistency places burdens on regulated entities.

Small businesses are especially harmed because they do not have the resources to hire full-time compliance staff. Instead, small-business owners have to take the time and energy away from their businesses to stay up to date on each new regulatory guidance.

The GOOD Act requires transparency and consistency in the regulatory process.

The public deserves to know what guidance documents are out there. They deserve to know how the agencies administering our laws interpret those laws and regulations.

H.R. 4809 requires agencies to post their guidance documents online in one centralized location. Agencies create these documents and expect the guidance to be followed. They should, therefore, have no problem gathering and posting these documents for the American people to see.

At the request of the Oversight and Government Reform Committee, dozens of agencies have disclosed information to us on their use of guidance documents. The results have been staggering.

To date, agencies have provided lists of more than 18,000 guidance documents issued just in the past decade, and that is just a portion of Federal guidance documents. There are a handful of agencies that have been unable or flat out refused to produce a list of guidance documents for the committees.

I believe we would agree this is a red flag. If an agency doesn't bother to keep track of its guidance documents, then how in the world can businesses and taxpayers be expected to comply with them?

The burden should be on the agencies to make guidance documents publicly available and easy to find. That is all this bill does. It requires agencies to post information they should already have in a central location so it can be easily found. This is a small step agencies can take that will have significant benefits, alleviating burdens on regulated entities and the public.

I thank the bipartisan group of my colleagues who supported H.R. 4809 during committee consideration of this bill, and I urge all Members to support this legislation. Why? Because this legislation is commonsense reform that Members of both parties can support in the name of good governance and transparency.

Mr. Speaker, there is one additional item that is common sense that I believe both parties could support, and that is wishing my wife a happy birthday today.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4809) to increase access to agency guidance documents, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I urge support of H.R. 4809, the Guidance Out of Darkness, or GOOD, Act, which was introduced by my colleague and friend from North Carolina, Mr. Walker.

Regulatory guidance is widely used by agencies. The guidance applies to industry and taxpayers alike. However, we really don't know the full universe of agency guidance.

Professor Nicholas Parrillo of Yale Law School, who testified before the Oversight and Government Reform Committee earlier this year said, ``There is no comprehensive compilation of guidance, but everyone agrees its volume is oceanic.''

The Oversight and Government Reform Committee has been looking into agency use of guidance over the past year, and we found this is an area of government in need of reform.

H.R. 4809 introduces much-needed elements of transparency and consistency to the process of disseminating agency guidance documents.

In 2007, the Office of Management and Budget issued what is known as the ``Good Guidance Bulletin.'' This bulletin requires Federal agencies to follow certain best practices when issuing significant guidance documents, which are those that are the costliest to comply with or are otherwise exceptionally impactful.

The Good Guidance Bulletin requires agencies to maintain lists of their significant guidance documents on their websites so that they can be readily found by the people and entities the documents affect. The GOOD Act expands this posting requirement to all guidance documents. Regulated entities shouldn't have to search high and low to find out how agencies interpret the laws and regulations that affect every sector of the economy. The public deserves to have this information, and this legislation will make these policy documents more accessible to the public.

Mr. Speaker, I urge all Members to support this legislation, and I reserve the balance of my time.

Mr. Speaker, I yield 5 minutes to the gentleman from North Carolina (Mr. Walker), the sponsor of this bill, my friend.

Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, we can all agree that agencies should be transparent about what guidance is currently in effect for agency employees.

During committee consideration of this legislation, Democratic members raised concerns that the bill should not be used for a purpose other than simple transparency. Unfortunately, the Senate sponsor of the companion legislation was quoted as stating that the bill could be used to eliminate guidance issued during President Barack Obama's administration by making those guidance documents available for disapproval under the Congressional Review Act.

Mr. Speaker, I thank the majority for working with minority to address the concerns expressed in committee. The majority agreed to include a provision in the bill that clarifies that this bill will not be used to influence whether guidance falls under the Congressional Review Act.

The bill we are considering today states that ``Nothing in this Act may be construed to affect whether a guidance document qualifies as a rule for purposes of chapter 8 of title 5, United States Code.''

There are additional improvements I believe should be made to the bill. For example, the definition in the bill of what would be considered a guidance document remains very broad, and it is unclear about who decides what is considered a guidance document.

The bill also makes no exceptions for national security or other sensitive documents. However, I do not object to this bill moving forward, but I do hope the majority will continue to work with all Members as this legislation moves through the legislative process.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield back the balance of my time.