Section 1 Short title
This Act may be cited as the “Regulatory Early Notice and Engagement Act of 2024”.
Regulatory Early Notice and Engagement Act of 2024
A BILL
To amend titles 5 and 31, United States Code, to require regulatory early notice by agencies, and for other purposes.
Sec. 2 Findings
Congress finds the following:
Federal agencies regulate via grants of authority contained in public laws.
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.
Agencies should promulgate only such regulations as are necessary.
Agencies should report to Congress on the necessity of developing each new regulation.
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
Online notice of initiation— Chapter 6 of title 5, United States Code, is amended by adding after section 601 the following:
“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.”
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:
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
In general— Chapter 7 of title 31, United State Code, is amended by adding after section 721 the following new section:
“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.”
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: