AFP Releases Model Bill Requiring Transparency for State and Federal Guidance Documents

On both the state and federal levels, government agencies often issue guidance documents to interpret or clarify statutes and regulations. Although such guidance technically lacks the force of law, agencies frequently treat it as binding, using it to enforce interpretations without formal rulemaking and, in most cases, without public scrutiny. To address this potential overreach and bring transparency to the process, Americans for Prosperity urges states to pass the Guidance Out of Darkness Act (“GOOD Act”). 

The GOOD Act requires: 

• Disclosure of all federal guidance received by state agencies. 

• Publication of all state-issued guidance. 

• Dedicate a publicly accessible government web portal that provides basic information about every guidance document, including when it was created or received, and what its potential impact will be. 

Many guidance documents are sent by the federal government to states to communicate federal agencies’ opinions on how obligations and programs are run by the states. Some include “guidance” of fees or enforcement triggers, even if those provisions are not expressed in the language of the statute or regulation in question.  Because they do not technically carry the force of law, guidance documents are not required to undergo the same procedural and transparency requirements of the Administrative Procedure Act or state-law analogues. 

In addition to contributing to the climate of overregulation, guidance documents lack transparency, leaving citizens and businesses to contend with hidden mandates. Greater transparency would increase accountability and public trust by allowing the public to see the ways in which guidance influences the legal landscape.  

Only two states currently publish guidance documents online, both via executive action and only covering guidance from state agencies. An August 2025 Alaska administrative order required Alaska agencies to publicly post guidance documents. A 2014 Virginia executive order similarly required Virginia’s agencies to post their guidance documents. While Virginia continues to do so, the executive order requiring it expired in 2018.  

On the federal level, Executive Order 13891 required uniform procedures for issuing guidance documents and the creation of public lists of all current guidance documents. However, in early 2021, President Biden rescinded EO 13891, eliminating the requirement for agencies to maintain accessible, centralized guidance databases. While some agencies continue to publish guidance documents voluntarily, and President Trump reversed President Biden’s rescission, many agencies have removed or archived their collections entirely. 

Executive actions have helped, but they are temporary. States must codify transparency into law to ensure lasting accountability. 

Molly Powell is a Senior Policy Analyst at Americans for Prosperity.