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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8204 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8204
To amend titles 5 and 31, United States Code, to require regulatory
early notice by agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2024
Mr. Davis of North Carolina (for himself, Mr. Burchett, and Mr.
Reschenthaler) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Small
Business, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles 5 and 31, United States Code, to require regulatory
early notice by agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Early Notice and
Engagement Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal agencies regulate via grants of authority
contained in public laws.
(2) To earn and maintain public trust, this regulatory
power must be exercised with full transparency. Providing such
transparency early in the process of developing regulations
also enables the public to provide informed input into that
process.
(3) Agencies should promulgate only such regulations as are
necessary.
(4) Agencies should report to Congress on the necessity of
developing each new regulation.
(5) This information should be made publicly accessible
upon initiation of a new rulemaking to facilitate both public
engagement and congressional oversight.
SEC. 3. REGULATORY EARLY NOTICE.
(a) Online Notice of Initiation.--Chapter 6 of title 5, United
States Code, is amended by adding after section 601 the following:
``Sec. 601A. Regulatory early notice
``(a) Regulatory Early Notice Webpage.--
``(1) Webpage required.--The head of each agency shall
maintain on the website of the agency a regulatory early notice
webpage.
``(2) Requirement to publish on webpage.--Not later than 7
days after the date on which the Director of the Office of
Management and Budget assigns a regulation identifier number to
an agency rulemaking, the head of the relevant agency shall--
``(A) publish on the regulatory early notice web
page of the agency a regulatory early notice for that
rulemaking; and
``(B) provide the regulatory early notice to the
Comptroller General.
``(b) Regulatory Early Notice Contents.--A regulatory early notice
under subsection (a) shall identify the problem that the rule is
intended to address, and shall include the following:
``(1) Whether the rule is required by law, necessary to
interpret the law, or made necessary by compelling public need,
such as material failures of private markets to protect the
health and safety of the public, the environment, or the well-
being of the American people.
``(2) Whether regulations (or other law) have created, or
contributed to, the problem that a new regulation is intended
to correct and whether those regulations (or other law) should
be modified to achieve the intended goal of regulation more
effectively.
``(3) Whether the agency identified and assessed available
alternatives to direct regulation, including the alternative of
not regulating, and including providing economic incentives to
encourage the desired behavior, such as user fees or marketable
permits, or providing information upon which choices can be
made by the public.
``(4) An invitation for the public to provide the agency
with recommendations on how to accomplish the objectives of the
rule most effectively and at least cost.
``(c) Regulation Identifier Number Defined.--The term `regulation
identifier number' means the regulation identifier number assigned to
an agency rulemaking by the Office of Management and Budget pursuant to
section 4(b) of Executive Order 12866 (5 U.S.C. 601 note; relating to
regulatory planning and review), or any successor thereto.
``(d) Rule of Construction.--Nothing in this section may be
construed to require the head of an agency to respond to any
recommendation submitted under subsection (b)(4) and any such
recommendation may not be cited in a challenge to a final rule.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 6 of title 5, United States Code, is amended by adding after
the item related to section 601 the following new item:
``601A. Regulatory early notice.''.
(c) Effective Date.--Not later than 180 days after the date of the
enactment of this Act, the head of each agency shall establish the
regulatory early notice webpage of the agency required pursuant to
section 601A of title 5, United States Code, as added by subsection
(b). Each agency webpage shall contain regulatory early notices for
every agency rulemaking for which the Office of Management and Budget
assigned a regulation identifier number after the date of the enactment
of this Act.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTING; DATABASE.
(a) In General.--Chapter 7 of title 31, United State Code, is
amended by adding after section 721 the following new section:
``Sec. 722. Regulatory early notice database and report
``(a) Database.--Not later than 1 year after the date of the
enactment of this section, the Comptroller General shall establish and
maintain on the website of the Comptroller General a searchable
database of each regulatory early notice provided to the Comptroller
General pursuant to section 601A of title 5.
``(b) Report.--Not later than 1 year after the date of the
enactment of this section, and annually thereafter, the Comptroller
General shall submit to Congress and publish on the website of the
Government Accountability Office a report that details agency
compliance with this this section and section 601A of title 5.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 31, United States Code, is amended by adding after
the item related to section 721 the following new item:
``722. Regulatory early notice database and report.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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