General Summary of the Bill

The "Guidance Out Of Darkness Act" or "GOOD Act" is designed to improve public access to guidance documents issued by federal agencies. The bill mandates that all guidance documents be published in an accessible online format. This includes newly issued documents, which must be published on the date they are released, and existing documents, which must be published within 180 days of the Act’s enactment. The goal is to ensure transparency and accessibility of agency guidance documents, which can include memos, letters, blog posts, and speeches that interpret or explain policy but do not carry the force of law.

Summary of Significant Issues

One of the crucial issues within this bill is the broad definition of "guidance document." This wide-ranging definition may lead to ambiguity regarding what qualifies as a guidance document, making it challenging to implement and understand uniformly across various agencies. The inclusion of informal items like blog posts and speeches adds to this complexity.

The bill requires all guidance documents to be published online but lacks detailed guidance on how this should be done. This absence of specifics, such as the online platforms to be used and deadlines for publication, might result in inconsistencies and delays amongst agencies. Moreover, the bill does not outline consequences for non-compliance, which could hinder its effectiveness.

Another area of concern is the lack of oversight measures to ensure compliance with the mandate that documents be accessible in a single, centralized online location. Without mechanisms to enforce this requirement, there's a risk that agencies may not fully comply, which could undermine the transparency goals of the bill.

Additionally, the language regarding the exemption of documents under the Freedom of Information Act (FOIA) is vague. This could create ambiguity about which documents are exempt and potentially lead to inconsistent application across agencies, impacting transparency.

Impact on the Public and Stakeholders

Broadly, the bill, by mandating the publication of guidance documents online, aims to enhance transparency and accessibility for the general public, organizations, and businesses. This could empower individuals and entities by making it easier to understand various agency policies and interpretations that might affect them.

However, due to the expansive definition of guidance documents, there's a potential risk of information overload with a wide array of documents, some of which might not be significant to the public, leading to challenges in sifting through relevant information.

For specific stakeholders such as legal professionals, businesses, and advocacy groups, the increased accessibility to these documents could provide valuable insights into agency thinking and policy direction, potentially informing decision-making and strategy.

On the downside, stakeholders may face challenges due to the lack of clear guidelines and enforcement mechanisms within the bill. Agencies might interpret and implement the requirements differently, creating uneven access to information. This could put smaller organizations or individuals without extensive legal resources at a disadvantage compared to larger entities with the capacity to navigate complex regulatory information.

In summary, while the GOOD Act has the potential to significantly improve transparency and public access to agency guidance, its effectiveness will largely depend on how clearly and consistently it is implemented across various federal agencies.