Overview
Title
To amend title 5, United States Code, to provide for a 6 month delay before a final rule may take effect.
ELI5 AI
The Regulatory Cooling Off Act of 2024 is a new rule that says when the government makes a big decision, they have to wait 6 months before it starts working, so people have more time to learn about it and talk about it. This makes sure everyone can understand and think about the changes before they're put into action.
Summary AI
The Regulatory Cooling Off Act of 2024 aims to modify title 5 of the United States Code, requiring a 6 month delay before any final rule or regulation can take effect. It changes the current requirement from a 30-day to a 6-month waiting period after a rule is finalized, ensuring agencies must submit the finalized rule to Congress and publish it on their website in advance. Additionally, it specifies that legal actions related to these rules can be filed in the district where the plaintiff resides or where the agency has an office.
Published
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AnalysisAI
Overview of the Bill
The proposed legislation, known as the "Regulatory Cooling Off Act of 2024," seeks to amend Title 5 of the United States Code. It introduces significant changes to the process by which federal rules take effect after being finalized by government agencies. Notably, the bill proposes extending the current 30-day delay before a rule becomes effective to a 6-month period. Additionally, it mandates that agencies submit finalized rules to Congress six months before their effective date and publish these rules 24 hours ahead on their agency websites prior to their publication in the Federal Register.
Significant Issues
One of the principal issues raised by this bill is the extended delay for rules to take effect. While the intent is presumably to allow for more thorough consideration and transparency, this 6-month waiting period could lead to substantial delays in implementing necessary regulations, particularly in urgent situations. Moreover, the requirement for agencies to alert Congress six months in advance could slow down the rule-making process, potentially affecting how quickly the government can respond to new and evolving challenges.
Another concern involves the public posting of rules on agency websites before their official publication. While intended to increase transparency, this could inadvertently lead to the premature release of sensitive information, sidestepping established oversight processes.
The provision allowing legal actions to be brought in multiple district courts based on plaintiff residence or agency location might encourage forum shopping, which could result in inconsistent legal rulings and complicate the judicial process.
Potential Public Impact
For the general public, the bill may bring mixed outcomes. On one hand, the increased delay and scrutiny might ensure that only well-considered regulations are implemented, potentially mitigating hasty policy decisions. However, slower regulatory processes might delay the benefits of new rules that address pressing issues, such as environmental protections or public health measures.
The complexity introduced by these changes could also burden smaller government agencies and organizations, requiring more resources for compliance. This may inadvertently divert focus and funding away from primary missions or lead to increased government spending.
Impact on Stakeholders
From the perspective of federal agencies, the bill could present additional administrative burdens. Agencies might struggle with longer planning horizons and increased workload to meet the new procedural requirements, without corresponding increases in resources or funding. This could particularly impact smaller agencies with limited budgets.
For businesses and other regulated entities, the certainty of a six-month period before rules take effect could be advantageous, providing more time to prepare for compliance. However, the extended lead time might also delay the introduction of beneficial regulations that can positively impact business operations or open new market opportunities.
Overall, while the bill aims to bolster careful consideration and congressional oversight, the practical implications could variably affect different sectors, requiring careful balancing of regulatory timeliness with diligence in rule-making.
Issues
The amendment in Section 2 to extend the public comment period from '30 days' to '6 months' could significantly delay the rule-making process, potentially impeding timely governmental responses to critical issues. This might also strain resources, particularly for smaller agencies, making the legislative action politically and operationally controversial.
Section 2 introduces the requirement for agencies to submit a finalized rule to Congress 6 months prior to the effective date, potentially hampering the swift implementation of necessary rules and hindering rapid policy response, particularly in emergency situations.
Publishing final or proposed rules on agency websites 24 hours before they appear in the Federal Register, as proposed in Section 2, could result in the premature release of information that bypasses oversight, potentially affecting the integrity of the rule-making process.
Allowing actions under Section 702 to be brought in a district court where the plaintiff resides or where the agency has an office might lead to increased litigation venues. This may encourage forum shopping and result in inconsistent judicial outcomes across different jurisdictions, complicating the legal landscape.
Requiring explicit Congressional approval for rules to take effect, as noted in Section 2, could lead to ambiguity due to the unclear language, potentially resulting in inconsistent interpretations and application, complicating legal enforcement.
Overall, the amendments introduced in Section 2 could add complexity to the rule-making process, posing financial and logistical challenges, particularly for smaller agencies with limited budgets. This raises concerns about potential financial burdens and operational inefficiencies.
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 this act provides the official short title, stating that it can be referred to as the "Regulatory Cooling Off Act of 2024."
2. Delay in effective date of rules Read Opens in new tab
Summary AI
The proposed changes to Title 5 of the United States Code require that new rules have a 6-month notice period before they take effect, instead of the previous 30 days. Additionally, agencies must submit finalized rules to Congress and publish them online at least 24 hours before they're added to the Federal Register.