Overview
Title
An Act To increase access to agency guidance documents.
ELI5 AI
H.R. 1515, also called the "GOOD Act," is a rule that says government agencies should put all their helpful advice and guidelines in one easy-to-find place online, like a big library on the internet, so everyone can see them unless they're secret.
Summary AI
H.R. 1515, known as the "Guidance Out Of Darkness Act" or the "GOOD Act," aims to increase transparency and access to federal agency guidance documents. The Act requires agencies to publish all guidance documents online in a single location designated by the Director of the Office of Management and Budget. This includes both new guidance documents and those already in effect, except for documents exempted under the Freedom of Information Act. The Act also mandates that rescinded documents be maintained online with clear indication of their rescinded status.
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AnalysisAI
General Summary of the Bill
The "Guidance Out Of Darkness Act" (GOOD Act) is a legislative proposal aimed at increasing transparency and accessibility of "guidance documents" issued by government agencies. These are non-binding documents designed to clarify agency policies or interpretations without the force of law. The bill mandates that all agency guidance documents, both new and existing, be published in an easily accessible online location within a designated timeframe. The Director of the Office of Management and Budget is tasked with establishing the central website for these documents. Additionally, the Act sets out provisions for handling and maintaining rescinded guidance documents and exempts certain documents that fall under the Freedom of Information Act (FOIA) from being disclosed.
Summary of Significant Issues
Several key issues emerge from this bill. Firstly, the broad definition of what constitutes a "guidance document" might lead to inconsistencies in interpretation and application across various agencies. This ambiguity could complicate the implementation process.
Another concern is the financial implication. Agencies might face substantial operational costs to comply with the online publication requirements without a dedicated funding source, potentially leading to financial inefficiencies.
The bill also includes exemptions for certain guidance documents under FOIA, which might reduce transparency and public oversight. The narrow definition and procedural complexities surrounding these exemptions could lead to varying interpretations by different agencies.
The timeline stipulated for the publication of existing guidance documents (180 days) might be burdensome for agencies with extensive document libraries. Similarly, the 90-day timeframe for the Director to set up a central online repository could be challenging given the coordination required.
Lastly, there is a significant delay in oversight, as the Comptroller General is only required to report on agency compliance five years after the Act's implementation, potentially postponing necessary accountability and adjustments.
Impact on the Public
For the general public, this bill aims to provide easier access to agency guidance documents, which could enhance understanding of governmental policies and interpretations. By centralizing these documents online, the public could benefit from a more transparent and navigable governmental communication system. However, without adequate funding and clear guidelines, these benefits might not materialize as intended.
Impact on Specific Stakeholders
Government Agencies: Agencies are likely to experience operational pressure to meet the publication deadlines, which could require reallocating resources or seeking additional funding. The lack of clarity on guidance document definitions might further complicate their compliance processes.
Office of Management and Budget (OMB): The OMB faces the challenge of establishing an effective central online repository within a limited timeframe. The effectiveness of the final repository setup might directly affect the success of this legislative effort.
General Public and Advocacy Groups: While the intention is to enhance transparency, the exemptions under FOIA could limit the insights available to watchdog groups and the general public, potentially hindering efforts to hold agencies accountable.
Legislators and Policymakers: Long-term oversight is postponed, potentially delaying corrective actions to any compliance issues that might arise. Legislators might need to consider amending the bill to incorporate interim checks or provide clearer guidelines on scope and funding.
In conclusion, while the "Guidance Out Of Darkness Act" endeavors to shed light on agency operations and improve accessibility of non-binding policy documents, the implementation poses several challenges that could dull its intended impact. Clarity, adequate funding, and strategic planning will be crucial for its success.
Issues
The definition of 'guidance document' in Section 2 might lead to ambiguity due to its broad construction mandate, which could cause inconsistent interpretations and applications across different agencies.
The requirement in Section 3 for agencies to publish guidance documents on the internet might incur substantial operational costs without a clear funding source, potentially leading to financial waste.
Section 5 exempts certain documents from the Freedom of Information Act (FOIA), potentially limiting transparency and reducing public oversight of agency actions.
The timeline of 180 days in Section 3 for publishing previously issued guidance documents may be burdensome for agencies with a large number of documents, impacting their ability to comply effectively.
The provision in Section 4 for a single location for publishing guidance documents lacks details on the organization of these documents into subcategories, which might result in inconsistency across agencies.
The timeline of 90 days given to the Director in Section 4 to designate the internet website for guidance documents may be too short, given the complexity and coordination required.
Section 8 sets the timeline for the Comptroller General to submit a compliance report at 5 years, which may delay necessary oversight and timely addressing of compliance issues.
The language in Section 5 regarding exemptions from disclosure is ambiguous, which could result in inconsistent interpretation of what constitutes 'a document that is exempt from disclosure.'
Section 6 lacks clear requirements for public access to rescinded guidance documents, which could impact transparency and public knowledge of agency actions.
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.