Overview
Title
An Act To increase access to agency guidance documents.
ELI5 AI
The Guidance Out Of Darkness Act wants to make it easy for everyone to find important information from government agencies by putting all their instructions and advice online in one place. It makes sure that all the new and old instructions are there, unless they are secret for special reasons.
Summary AI
The "Guidance Out Of Darkness Act" (GOOD Act) aims to improve public access to government agency guidance documents by requiring them to be published online in one centralized location. The bill mandates that both newly issued and previously existing guidance documents be made available, except those exempt under the Freedom of Information Act (FOIA). Agencies must maintain records of any rescinded documents and provide detailed information about them. The act does not impact the validity of guidance documents or their congressional review processes.
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AnalysisAI
Summary of the Bill
The "Guidance Out Of Darkness Act," or "GOOD Act," aims to make government agency guidance documents more accessible to the public. By mandating that all such documents are published online, the bill seeks to create transparency in the way agencies communicate policies, interpretations, and advice that do not necessarily carry the force of law. The Act defines what constitutes a guidance document, stipulates publication timelines, and designates a central online location for these documents. Additionally, it outlines provisions for maintaining records of rescinded guidance documents and mandates a compliance report from the Comptroller General within five years.
Significant Issues
A notable issue is the broad definition of what counts as a "guidance document." The Act describes this term expansively, including a variety of items such as memos, letters, blog posts, and speeches. This broad categorization may create ambiguity about the formal status of such documents and lead to inconsistent interpretations across different contexts.
Another concern is the lack of specific methods or platforms for online publication, which could result in inconsistent practices among agencies. The absence of explicit enforcement mechanisms or penalties for non-compliance with the publication requirements further complicates potential implementation, potentially undermining the Act's objectives.
Moreover, the broad exemptions allowed for documents under the Freedom of Information Act (FOIA) could limit the public's access to certain guidance documents, creating transparency concerns.
Impact on the Public
This bill has the potential to empower the public by enhancing access to a wide array of guidance documents, thus improving understanding and participation in governmental processes. Increased transparency can lead to better-informed citizens who can engage more effectively with government policies.
However, the potential for varied implementations and exemptions due to the FOIA may hinder the bill’s effectiveness. If key guidance documents remain undisclosed, the expected transparency may not be fully realized, affecting public trust.
Impact on Stakeholders
For government agencies, the bill imposes new operational requirements, which entail publishing a vast number of documents online and maintaining a clear record of rescinded guidance. This could increase the administrative burden and necessitate resource allocations without additional budgetary support specified in the bill.
Finally, for advocacy groups and legal professionals, the bill's increased document availability could provide valuable insights into regulatory interpretations and agency policies, empowering these organizations to better advocate for transparency and accountability within government operations. Nonetheless, the need for a clear, standardized process for how guidance documents are published and categorized is crucial to avoid inconsistencies and ensure real public benefit.
Issues
The lack of specificity on how 'guidance documents' should be published online, particularly in Section 3, could lead to inconsistent implementation across agencies, potentially affecting public access to information.
The broad and unspecified definition of 'guidance document' in Section 2, and its rule of construction, might lead to ambiguity and varied interpretations, possibly impacting transparency and regulatory clarity.
The absence of enforcement mechanisms or consequences in Sections 3 and 4 for agencies that fail to publish guidance documents within stipulated timeframes could lead to non-compliance and reduced accountability.
The exemption of documents from publication due to FOIA exceptions, as described in Section 5, could pose transparency concerns and limit public access to pertinent information.
The lack of specified duration for maintaining rescinded guidance documents in Section 6 could affect the historical record and impede public and judicial review of past guidance.
The absence of clearly defined oversight or accountability measures to ensure compliance with publication requirements, mentioned in Section 4, might lead to inefficiencies and wasted resources.
The five-year timeline for submitting a compliance report per Section 8 may delay the opportunity to address non-compliance issues, reducing the potential for timely accountability and corrective 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 first section of the act gives it its official name, stating that it may be referred to as the "Guidance Out Of Darkness Act" or the "GOOD Act".
2. Definitions Read Opens in new tab
Summary AI
The section defines key terms used in the Act. It explains that the term "agency" refers to what is described in section 551 of title 5, United States Code, and the "Director" means the head of the Office of Management and Budget. It also details that a "guidance document" is an agency statement that offers policy or interpretation advice but does not have the force of law, and includes various forms such as memos, letters, and speeches.
3. Publication of guidance documents on the internet Read Opens in new tab
Summary AI
Agencies are required to publish new guidance documents online on the day they are issued, following specific rules. Additionally, any existing guidance documents must also be published online within 180 days of the law's enactment.
4. Single location Read Opens in new tab
Summary AI
Agencies must publish all their guidance documents in one main location on a specific website chosen by the Director. Each agency must also feature a clear link on its own website to this location, ensuring the documents are organized as guidance and appropriately categorized.
5. Documents and information exempt from disclosure under FOIA Read Opens in new tab
Summary AI
If a document or information issued by a government agency is exempt from being shared with the public under the Freedom of Information Act (FOIA), then it does not have to follow the rules of this Act.
6. Rescinded guidance documents Read Opens in new tab
Summary AI
In this section, it states that when a guidance document from an agency is officially canceled, the agency must keep a record of it and clearly show that it has been rescinded. They must also provide any court case number if the cancellation was due to a court order and note the date on which it was rescinded.
7. Rules of construction Read Opens in new tab
Summary AI
The section states that this Act does not affect the validity of guidance documents if they are not followed, and it does not change whether guidance documents must go through congressional review.
8. Report on agency compliance Read Opens in new tab
Summary AI
The Comptroller General is required to submit a report on how well agencies are following the rules of the Act to specific committees in the House of Representatives and the Senate within five years of the Act being enacted.