Overview
Title
An Act To increase access to agency guidance documents.
ELI5 AI
The "GOOD Act" is a new rule that says all the important instruction papers from government agencies must be put online so that everyone can see them, except those that are meant to be secret.
Summary AI
H.R. 1515, known as the “Guidance Out Of Darkness Act” or the “GOOD Act,” aims to make agency guidance documents more accessible to the public. Under this Act, all federal agencies are required to publish their guidance documents online in a single, easily accessible location. This includes both newly issued guidance and documents that are already in effect. The Act ensures that any exempt documents under the Freedom of Information Act remain undisclosed, even under these new publication requirements.
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AnalysisAI
The "Guidance Out Of Darkness Act" (GOOD Act), known as H.R. 1515, aims to improve transparency by mandating that federal agencies publish their guidance documents on the internet. These guidance documents, while not having the force of law, serve as important tools for outlining agency policies, technical issues, and interpretations. The bill advocates for centralized access to these documents to enhance governmental transparency and public oversight.
General Summary of the Bill
The GOOD Act is designed to make it easier for the public to access the guidance documents from federal agencies. It requires these documents to be posted online on the day they are issued. For guidance documents already in existence at the time of the law's passage, agencies have 180 days to comply. All documents must be available in a single, central online location designated by the Director of the Office of Management and Budget (OMB), with links provided on the respective agency websites. Additionally, there are provisions for handling documents that are rescinded or exempt from disclosure under the Freedom of Information Act (FOIA).
Summary of Significant Issues
Several significant issues have arisen in the context of this bill. First, there is a concern that operational costs related to maintaining and updating agency websites may not have clearly defined funding sources, potentially leading to financial inefficiencies. Furthermore, the definitions used in the bill, particularly concerning what a "guidance document" entails, are complex and could lead to inconsistent interpretations across various agencies.
Additionally, the exemptions applied to certain documents under FOIA may limit the intended transparency of the Act, reducing public oversight. The strict 180-day timeline for publishing existing guidance documents could be particularly difficult for agencies with an already large volume of documents. This could potentially disrupt agency operations and delay compliance.
Impact on the Public
For the general public, the GOOD Act could enhance transparency, allowing citizens easier access to understand how agencies interpret laws and implement them. It would make it simpler for individuals, researchers, and watchdog organizations to find important policy interpretations and guidance materials, empowering them with knowledge about governmental processes.
However, if agencies face challenges in complying with the new requirements—due to budgetary constraints or the existing volume of documents—the public might experience delays in accessing up-to-date guidance documents, potentially affecting the Act's effectiveness in increasing transparency.
Impact on Specific Stakeholders
Federal agencies are likely to be significantly impacted by this legislation. They will need to allocate resources to ensure compliance with the Act's requirements, which could stretch their existing budgets and administrative capacities. This might impose additional operational burdens, particularly on smaller agencies or those with limited resources.
On the other hand, legal practitioners and businesses that regularly interact with federal guidance documents may find the centralized access point beneficial. Being able to conveniently access these documents could streamline their compliance efforts and reduce the time and resources spent navigating complex federal regulatory frameworks.
In summary, while the GOOD Act's intent to enhance transparency and public oversight is commendable, the implementation challenges faced by agencies could impact the overall efficacy of the bill. Careful consideration of resource allocation and clear definitions may be necessary to ensure the Act meets its objectives without imposing undue burdens on agencies and ensuring it provides the public with meaningful access to governmental guidance.
Issues
The requirement for agencies to publish guidance documents on the internet could incur operational costs without a specified funding source, potentially leading to financial waste or inadequacies in implementation (Section 3).
The definition of 'guidance document' is complex and may lead to ambiguity in application, causing inconsistent interpretations across different agencies (Section 2).
The section on documents and information exempt from disclosure under FOIA could limit transparency, which may reduce public oversight of agency actions due to the potential broad interpretation of exemptions (Section 5).
The timeline of 180 days for publishing previously issued guidance documents may be burdensome for agencies with a large number of documents, potentially affecting compliance and efficiency (Section 3).
There is no clear specification of what constitutes a 'guidance document,' leading to ambiguity and inconsistent implementation across different agencies (Section 3).
Lack of clarity on how the public will access and understand published documents could impact the efficacy of the publication requirement (Sections 3 and 4).
The section does not address the resources required for agencies to update their websites, which could impact the effectiveness of these changes (Section 4).
The language around the validity of guidance documents and congressional review is unclear, potentially leading to different interpretations and affecting the enforcement or scrutiny of guidance documents (Section 7).
The report on agency compliance is due 5 years after enactment, which may delay necessary oversight and the ability to address compliance issues promptly (Section 8).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section states that this law can be called the "Guidance Out Of Darkness Act" or the "GOOD Act."
2. Definitions Read Opens in new tab
Summary AI
In this section of the bill, key terms are defined: "agency" refers to its definition in U.S. law; "Director" means the leader of the Office of Management and Budget; and "guidance document" is an agency statement that does not legally bind, but outlines policy or interpretation, including various forms like memos and notices.
3. Publication of guidance documents on the internet Read Opens in new tab
Summary AI
Agencies must publish any new guidance documents online on the day they are issued, following specific requirements, and they have 180 days from the enactment of this law to publish any existing guidance documents that are still in effect, also following those requirements.
4. Single location Read Opens in new tab
Summary AI
All guidance documents from government agencies must be posted in one location online, as chosen by the Director within 90 days of the act's passage. Each agency should also provide easy access on their own websites to these documents, which need to be clearly organized and categorized.
5. Documents and information exempt from disclosure under FOIA Read Opens in new tab
Summary AI
If a guidance document by a government agency is protected from being shared under the Freedom of Information Act, it does not need to meet the requirements set by this new law.
6. Rescinded guidance documents Read Opens in new tab
Summary AI
The section explains that when an agency cancels a guidance document, it must keep a copy and clearly mark it as rescinded. If a court order led to the rescinding, the agency must also note the case number and the date of rescission.
7. Rules of construction Read Opens in new tab
Summary AI
Nothing in this Act suggests that not following its rules will make guidance documents invalid or change whether these documents need to be reviewed by Congress according to existing laws.
8. Report on agency compliance Read Opens in new tab
Summary AI
The Comptroller General is required to deliver a report about how well government agencies are following this new law within five years of it being enacted, and the report must be sent to specific committees in both the House of Representatives and the Senate.