Overview
Title
To increase access to agency guidance documents.
ELI5 AI
The "Guidance Out Of Darkness Act" is a set of rules that makes sure all the important papers that help explain what government agencies do are easy to find on the internet. This helps everyone stay informed, except if the papers are secret.
Summary AI
S. 252, titled the "Guidance Out Of Darkness Act" or "GOOD Act," aims to increase public access to agency guidance documents. The bill mandates that federal agencies must publish their guidance documents online, both newly issued ones and those already existing, in a single, easily accessible website. These documents must be organized and categorized properly, with prominent links on each agency's website. However, guidance documents exempt from disclosure under the Freedom of Information Act are not required to be published.
Published
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AnalysisAI
The proposed legislation, cited as the "Guidance Out Of Darkness Act" or the "GOOD Act," aims to improve public access to guidance documents issued by various federal agencies. The bill mandates that these documents be made available online in a centralized and organized manner. With the push for transparency, this bill endeavors to ensure that individuals and organizations can more easily find and access the guidance that impacts them.
General Summary
The act defines "guidance documents" as agency communications that explain policies or provide interpretations of laws but do not have the force of law. This includes memos, notices, blog posts, and even speeches. One of the primary requirements is that all such documents be published on the internet, ensuring they are accessible from a single website designated by the Office of Management and Budget. Additionally, each agency must prominently link to these documents from their website. If any documents are considered exempt under the Freedom of Information Act (FOIA), they are not required to be published under this act.
Significant Issues
There are several critical challenges posed by the bill:
Definition Ambiguity: The term "guidance document" is broadly defined, which could lead to confusion. Including varied forms like speeches and blog posts might complicate what is appropriately captured under this bill.
Implementation Challenges: Agencies might struggle with the timing requirements to publish guidance documents, especially those with large archives that need to be made compliant.
Enforcement Gaps: There is no clear indication of the penalties for agencies that fail to comply, which could lead to inconsistent implementation across the government.
FOIA Exemption Handling: The mechanism for handling FOIA exemptions is not well-defined, which could lead to disputed interpretations over what should or should not be disclosed.
Centralization Burden: The centralization of documents on a single website could impose significant logistical and resource burdens on the designated director.
Impact on the Public
The intention behind the GOOD Act is to enhance transparency and allow the public easier access to the guidance that impacts their understanding and compliance with federal agency policies. For everyday citizens, clearer access to these documents can demystify governmental positions and potential impacts on personal or business activities.
However, if agencies face significant burdens to comply, this could delay the projected benefits of increased transparency. Moreover, the lack of clarity in document definitions and exemption processes could hamper the public's ability to trust or rely on the information available.
Impact on Stakeholders
Government Agencies: These organizations might experience increased workload, needing to comprehensively audit, organize, and publish their guidance documents online. The broad definition of what constitutes a guidance document could result in added administrative work, possibly diverting resources from other critical functions.
The Public and Organizations: While the intention is to increase transparency and clarity, potential initial delays or mistakes in publication — due to definitional ambiguity or logistical challenges — might cause temporary confusion. However, once operationalized, organizations could benefit from increased clarity on agency interpretations and policy positions, enabling more informed decision-making.
Freedom of Information Advocates: This group might view the bill positively for its attempt at transparency but may express concerns over the vague exemption handling procedures, fearing it might become a loophole in withholding pertinent information.
In conclusion, while the GOOD Act promises enhanced access and transparency, its successful implementation hinges on resolving definitional ambiguities, addressing logistical challenges, and implementing effective compliance measures.
Issues
The definition of 'guidance document' in Section 2 may be too broad, which could lead to ambiguity and inconsistency in how it is applied across different agencies. By including a wide range of items such as speeches and blog posts, there is a risk of overextension and confusion regarding what qualifies as a guidance document.
The requirement in Section 3 for the publication of guidance documents might pose challenges due to timing requirements, especially for agencies with a large backlog of documents. This could result in compliance difficulties and delay in achieving the bill's objectives.
There is no specified consequence for agencies that fail to adhere to the publication requirements set forth in Section 3, which could lead to inconsistent or uneven enforcement across different agencies.
The exemption handling process for documents under FOIA outlined in Section 3(d) lacks a clear mechanism to address disputes about what documents should be exempt. This could lead to transparency issues and potentially impede access to important information.
Section 3(c)(1) and 3(c)(4) requiring a centralized online location for all guidance documents could be overly burdensome for the Director, potentially leading to resource allocation and logistical challenges.
Section 3(c)(3)(B) requires hyperlinks on agency websites to be 'prominently displayed,' but it does not define 'prominently,' leaving room for interpretation and potential non-compliance.
The maintenance of rescinded guidance documents in Section 3(e) may cause confusion if the rescinded status is not clearly and properly indicated, potentially misleading users who access these documents.
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, several key terms are defined. The term "agency" refers to the same definition as in U.S. Code title 5, section 551, while "Director" is identified as the head of the Office of Management and Budget. The term "guidance document" is explained as an agency's general statement that does not have the force of law, but rather outlines policy or interpretation on various issues, and could take many forms such as a memo, notice, or blog post.
3. Publication of guidance documents on the internet Read Opens in new tab
Summary AI
The section requires government agencies to publish their guidance documents online, gathered in one place on a website designated by a director, and to provide links to these documents from their own websites, ensuring that they are easily accessible and categorized. If any guidance document contains information exempt from the Freedom of Information Act or has been rescinded, specific guidelines for handling and displaying this information online are also included.