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…
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.