Overview
Title
To increase access to agency guidance documents.
ELI5 AI
The bill wants to make it easy for people to find and read the instructions and rules that different government agencies create. It says these instructions should all be put online in one place, like a big guidebook on the internet.
Summary AI
H.R. 1515, known as the “Guidance Out Of Darkness Act” or the “GOOD Act,” sets rules for federal agencies to make their guidance documents more accessible to the public. It requires these documents, which offer guidance or interpretation of laws but do not have the force of law, to be published on a designated single website. Agencies must publish both new and existing guidance documents online, but documents that are exempt under the Freedom of Information Act do not need to be disclosed. The bill also mandates that rescinded guidance documents remain accessible online with clear indications of their rescinded status.
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AnalysisAI
General Summary of the Bill
The "Guidance Out Of Darkness Act," also referred to as the "GOOD Act," introduced in the 119th Congress, aims to enhance public access to guidance documents issued by government agencies. These guidance documents, while not legally binding, provide important insights into government policies or interpretations of laws and regulations. The bill requires all agencies to publish new and existing guidance documents on a publicly accessible internet site. This initiative seeks to ensure transparency and provide a single location where such documents can be easily accessed by the public.
Summary of Significant Issues
One of the main issues with the bill is the broad construction of the term "guidance document," which may lead to varying interpretations and applications across different agencies. This could result in inconsistencies and disputes about what qualifies as a guidance document. Additionally, the bill requires the publication of documents without specifying a funding source. This might create operational and financial challenges that could hinder effective implementation.
Furthermore, the exemption clauses for documents protected under the Freedom of Information Act (FOIA) could impede transparency, potentially leading to reduced public oversight. Another significant concern is the short timeline given to agencies for publishing previously issued documents, which could be overwhelming for agencies handling large volumes of documents.
Finally, the bill's provision for reporting on agency compliance after five years seems too lengthy a period, potentially delaying necessary oversight and improvements.
Impact on the Public Broadly
If implemented effectively, the GOOD Act could make navigating government regulations and policies easier for the general public. By consolidating guidance documents in a single online location, the bill aims to increase transparency and public awareness of government activities. However, if the broad definition of "guidance document" and publication requirements create confusion or are inconsistently applied, it could lead to misinformation or misunderstandings among the public.
Moreover, the exemption of certain documents from disclosure under FOIA may limit the public’s access to important information, which could lead to concerns about government transparency and accountability.
Impact on Specific Stakeholders
For government agencies, the bill imposes additional responsibilities requiring them to organize and publish their documents online. While this could increase administrative burdens and costs, it also presents an opportunity to standardize and modernize their processes. Agencies with more resources may navigate this transition smoothly, while smaller or underfunded ones may struggle to comply within the designated time frames.
On the other hand, advocacy groups and watchdog organizations may see this as a positive move toward greater transparency. The centralized repository of guidance documents could enhance their ability to monitor government actions and hold agencies accountable.
Legal professionals and businesses that rely on agency guidance to interpret regulations might benefit from easier access to these documents. However, inconsistencies in how agencies categorize and publish these documents could create confusion or frustration if not addressed properly.
Overall, the GOOD Act represents a significant attempt at improving government transparency, but challenges relating to implementation, clarity, and funding must be addressed to ensure it achieves its intended purpose without unintended negative impacts.
Issues
The broad construction of the term 'guidance document' in Section 2 could lead to ambiguity in its application, causing inconsistent interpretations across different agencies and potentially leading to disputes about what qualifies as a guidance document.
The requirement in Section 3 for agencies to publish all guidance documents on the internet without specifying a clear funding source might lead to financial and operational challenges, potentially resulting in an ineffective implementation of the bill.
Section 5's exemption of guidance documents from disclosure under FOIA could limit government transparency and reduce public oversight of agency actions, leading to ethical and political concerns.
The timeline for agencies to publish previously issued guidance documents (180 days) in Section 3 could be burdensome for agencies with a large number of documents, potentially leading to rushed or incomplete compliance.
The absence of a clear definition of 'agency compliance' in Section 8, along with the possibility of no consequences for non-compliance, might limit accountability and the effectiveness of the bill’s oversight mechanisms.
The lack of detailed organization and category requirements for guidance documents in Section 4 could lead to inconsistent or confusing presentation across various agency websites, impacting user accessibility.
The very long timeline (5 years) set for the Comptroller General to report on agency compliance in Section 8 may delay oversight and addressing of compliance issues, reducing the opportunity for timely improvements.
The lack of clarity in Section 7 about the impact of noncompliance with the Act on the legality or validity of guidance documents can create legal uncertainties and disputes about the consequences of failing to meet the Act’s requirements.
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.