Overview
Title
To amend titles 5 and 31, United States Code, to require regulatory early notice by agencies, and for other purposes.
ELI5 AI
H.R. 8204 wants to make sure everyone knows about new rules the government is thinking about making by putting them on a website for people to see and talk about. This way, people can share their opinions before the rules are decided.
Summary AI
H.R. 8204, known as the “Regulatory Early Notice and Engagement Act of 2024,” aims to enhance transparency in federal rule-making by requiring agencies to provide early notice of new regulations. The bill mandates agencies to create a webpage for early regulatory notices within seven days of a regulation being assigned an identifier number, detailing the purpose and necessity of the rule and inviting public input. Additionally, the Comptroller General must establish a searchable database of these notices and report annually on agency compliance. This process seeks to involve the public in rule-making and ensure regulatory actions are necessary and transparent.
Published
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AnalysisAI
General Summary of the Bill
The bill, named the Regulatory Early Notice and Engagement Act of 2024, aims to amend parts of the United States Code to ensure that federal agencies provide early notice when new regulations are being developed. This initiative is intended to promote transparency and public engagement in the regulatory process. Specifically, the bill mandates the creation of a regulatory early notice webpage by each agency, where details concerning new regulations must be published shortly after a regulation identifier number is assigned. The content of these notices will include descriptions of the issues regulations aim to address, any relevant legal or market failures, exploration of alternatives, and an invitation for public suggestions. Additionally, the Government Accountability Office (GAO) is tasked with maintaining a database of these notices and reporting on agency compliance.
Summary of Significant Issues
Several notable issues emerge from the bill. Firstly, the absence of a clear definition for "compelling public need" could lead to varying interpretations and potentially excessive regulatory actions without solid justification. There's also concern about the practicality of the 7-day deadline for publication of early notices, which may be too tight for more complex regulations, leading to rushed or incomplete disclosures. Additionally, the bill doesn't require agencies to respond to public input, which could limit the value of public engagement. Another issue is the lack of detailed funding and resource allocation for the creation and upkeep of the proposed database by the Comptroller General, posing potential financial challenges. The reliance on a regulation identifier number, contingent on a specific Executive Order, also introduces uncertainties should future changes to this process occur.
Broad Public Impact
If enacted, the bill could enhance transparency in the regulatory process, allowing the public to be more informed and potentially more involved in shaping regulations that affect their lives. By requiring early disclosure of new rules and actively soliciting public input, the bill could foster a more democratic approach to regulatory governance. However, if agencies are not required to respond to public recommendations, this could lead to disillusionment with the process and reduce public participation over time.
Impact on Specific Stakeholders
Government Agencies: The bill introduces new administrative responsibilities for federal agencies, which could require additional resources or personnel, especially to meet tight deadlines and manage webpage content effectively. There might be a strain on capacity, especially for smaller agencies or those with limited budgets.
Public and Advocacy Groups: These groups stand to benefit from increased transparency and the opportunity to influence rulemaking processes. However, the lack of a requirement for agencies to respond to their input could mitigate these benefits. Ensuring that input is considered seriously would necessitate further policy refinements.
The Comptroller General and Government Accountability Office: Tasked with setting up and maintaining an online database, the GAO could face significant workload increases, necessitating appropriate funding and resources to ensure compliance and effectiveness.
In conclusion, while the bill's goals of enhancing regulatory transparency and public involvement are laudable, careful consideration and potential revisions addressing the outlined issues would be crucial for its effective implementation and to achieve the intended benefits.
Issues
The absence of a clear definition for 'compelling public need' in Section 3 could lead to ambiguous interpretations, potentially allowing agencies to exert excessive regulatory power without sufficient justification.
The lack of specific guidelines or criteria for determining which regulations are necessary according to Section 2 may result in arbitrary or inconsistent regulation development across different agencies.
Section 3 requires agencies to publish regulatory early notices within 7 days, but this timeframe might be impractical for complex rulemakings, potentially leading to rushed or incomplete notices.
Section 4 lacks a clear estimation of the costs for establishing and maintaining a searchable database, which might result in unforeseen financial burdens on the government or taxpayers.
The text in Section 601A does not require agencies to respond to public input, which could diminish public engagement and the consideration of valuable recommendations.
Section 601A introduces potential complexities by relying on a regulation identifier number defined by an Executive Order, without accounting for possible future changes, which could disrupt regulatory processes.
There is no clarification in Section 4 on measures to be taken in instances of agency noncompliance, which could compromise the effectiveness of this regulatory initiative.
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 short title, stating that the Act can be referred to as the “Regulatory Early Notice and Engagement Act of 2024.”
2. Findings Read Opens in new tab
Summary AI
Congress outlines that federal agencies must regulate transparently, only develop necessary regulations, report the necessity of these to Congress, and ensure this information is easily accessible to facilitate public engagement and oversight.
3. Regulatory early notice Read Opens in new tab
Summary AI
The text introduces a new rule requiring each government agency to create a webpage where they must publish early notices of new regulations soon after a regulation identifier number is given to them. These notices will explain the problem the regulation aims to solve, consider if current rules caused the problem, evaluate other options besides making a new rule, and ask for public input, although the agency isn't required to respond to public suggestions.
601A. Regulatory early notice Read Opens in new tab
Summary AI
Each agency is required to maintain a regulatory early notice webpage and publish a notice within 7 days after a regulation receives its identifier number. This notice must outline the problem the rule intends to address, examine whether laws have contributed to the problem, explore alternatives to regulation, and invite public recommendations, though agencies are not obligated to respond to such recommendations.
4. Government accountability office reporting; database Read Opens in new tab
Summary AI
The new section of the law requires the Comptroller General to create and keep an online database of early regulatory notices within a year and produce an annual report on how well agencies comply with these rules. It also updates the existing law to add this new requirement.
722. Regulatory early notice database and report Read Opens in new tab
Summary AI
The section requires the Comptroller General to create a searchable online database for regulatory early notices within one year of the section's enactment. Additionally, the Comptroller General must submit an annual report to Congress, detailing agency compliance, which will also be published on the Government Accountability Office's website.