Overview
Title
To increase access to agency guidance documents.
ELI5 AI
The GOOD Act of 2023 wants all important papers from government agencies to be easy for everyone to find on one website, even if they've been canceled, so people can see them and know what's going on.
Summary AI
H.R. 890, known as the "Guidance Out of Darkness Act of 2023" or the "GOOD Act of 2023," aims to make agency guidance documents more accessible to the public. The bill requires that all new and existing guidance documents be published on a single, publicly accessible website designated by the Director of the Office of Management and Budget. If a guidance document is rescinded, it still needs to be maintained online with clear indications of its rescinded status. Some documents, however, may be exempt from disclosure under the Freedom of Information Act.
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Keywords AI
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AnalysisAI
General Summary of the Bill
The bill titled "Guidance Out Of Darkness Act of 2023," also known as the "GOOD Act of 2023," aims to make agency guidance documents more accessible to the public. Agency guidance documents can include a wide range of materials such as memorandums, notices, and even blog posts or speeches. These documents help clarify policies or interpret statutory or regulatory issues but ordinarily lack the force of law. The bill stipulates that these documents should be posted online in one centralized location and be easily accessible through agency websites. The act excludes any guidance documents that are exempt under the Freedom of Information Act (FOIA).
Summary of Significant Issues
A key concern raised by the bill is the potentially significant administrative burden it imposes on agencies, requiring them to categorize, publish, and maintain a vast array of guidance documents online. Another issue is the broad definition of what constitutes a "guidance document," which includes diverse types of communication like blog posts and speeches. This broadness can lead to inconsistencies in implementation and enforcement. There is also ambiguity regarding what is meant by publishing documents in a "single location" on the internet, which could result in confusion about compliance requirements. Moreover, exemptions for FOIA could lead to selective withholding of documents, undermining the bill’s intent to increase transparency.
Impact on the Public
For the general public, this bill could provide easier access to agency guidance documents, thereby improving transparency and understanding of government policies and interpretations. Increased accessibility may empower individuals, businesses, and organizations to gain insights into governmental operations and regulatory intentions, allowing them to make informed decisions based on more readily available information.
However, the vast array of documents may overwhelm those attempting to navigate and interpret them. Incomplete or inconsistent categorizations might further complicate public efforts to understand specific guidance relevant to their particular situations.
Impact on Stakeholders
Government agencies are likely to experience the most significant impact from this bill. The requirement to publish and organize all guidance documents in a standardized, accessible format could demand substantial resources and effort, thereby straining budgets and staff time. The potential administrative burden could divert attention from other crucial agency tasks.
Legal professionals and advocacy groups may benefit from the increased availability of documents, granting them better tools to hold agencies accountable. On the other hand, agencies might face challenges and potential legal disputes due to the interpretive flexibility of the term "guidance document" and the broad stipulations of the bill.
Businesses and other organizations engaging with government agencies may also find it easier to understand the regulations and guidance that impact their operations. Clearer access to guidance documents could support strategic planning and compliance efforts, leading to potentially smoother interactions with regulatory entities.
In summary, while the "GOOD Act of 2023" seeks to enhance transparency and public access to agency guidance documents, its practical implementation could pose challenges to both government agencies and users of these documents. Balancing broad public access with manageable workloads for agencies will be crucial in achieving the bill's objectives without undue burden.
Issues
The requirement for agencies to publish all guidance documents online may create significant administrative burdens and expenses (Section 3).
The definition of 'guidance document' is broad, encompassing a wide range of items including blog posts and speeches, which could lead to inconsistent interpretations and enforcement (Section 2).
The lack of a clear definition for a 'single location' on the internet for publication could cause confusion among agencies regarding compliance (Section 3).
The phrase 'shall be construed broadly to effectuate the purpose and intent of this Act' could result in varied interpretations and potential legal disputes (Section 2).
Exemptions for FOIA exempt documents may lead to agencies selectively withholding guidance documents, reducing transparency (Section 3).
There is a concern that the detailed list within the 'guidance document' definition could be excessively exhaustive, leading to confusion about what qualifies as a guidance document or formal regulation (Section 2).
The process for rescinding guidance documents lacks specific guidelines on how to update or replace rescinded documents, which could create confusion (Section 3).
Without clear guidelines for categorizing and subcategorizing guidance documents, there could be inconsistencies in how documents are presented to the public (Section 3).
The bill does not include the definition of 'agency' within the text, relying on external references, which could be unclear to those unfamiliar with the specific legal definition (Section 2).
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 specifies its title, officially naming it the “Guidance Out Of Darkness Act of 2023” or simply the “GOOD Act of 2023”.
2. Definitions Read Opens in new tab
Summary AI
The section outlines the definitions of key terms used in the Act, including "agency," "Director," and "guidance document." A "guidance document" is defined as a broad range of non-binding agency statements on policies or interpretations of issues and can include various formats like memorandums or speeches.
3. Publication of guidance documents on the internet Read Opens in new tab
Summary AI
The section outlines that U.S. agencies must publish their guidance documents online at a single location designated by the Director, except for documents exempt under the Freedom of Information Act. Agencies are also required to post prominent links on their own websites to access these documents and keep a record of any rescinded documents, noting their status and the date of rescission.