I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Early No5 tice and Engagement Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Federal agencies regulate via grants of au2 thority contained in public laws. 

3 (2) To earn and maintain public trust, this reg4 ulatory power must be exercised with full trans5 parency. Providing such transparency early in the 

6 process of developing regulations also enables the 

7 public to provide informed input into that process. 

8 (3) Agencies should promulgate only such regu9 lations as are necessary. 

10 (4) Agencies should report to Congress on the 

11 necessity of developing each new regulation. 

12 (5) This information should be made publicly 

13 accessible upon initiation of a new rulemaking to fa14 cilitate both public engagement and congressional 

15 oversight. 

16 SEC. 3. REGULATORY EARLY NOTICE. 

17 (a) ONLINE NOTICE OF INITIATION.—Chapter 6 of 

18 title 5, United States Code, is amended by adding after 

19 section 601 the following: 

20 ‘‘§ 601A. Regulatory early notice 

21 ‘‘(a) REGULATORY EARLY NOTICE WEBPAGE.— 

22 ‘‘(1) WEBPAGE REQUIRED.—The head of each 

23 agency shall maintain on the website of the agency 

24 a regulatory early notice webpage. 


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1 ‘‘(2) REQUIREMENT TO PUBLISH ON

2 WEBPAGE.—Not later than 7 days after the date on 

3 which the Director of the Office of Management and 

4 Budget assigns a regulation identifier number to an 

5 agency rulemaking, the head of the relevant agency 

6 shall— 

7 ‘‘(A) publish on the regulatory early notice 

8 web page of the agency a regulatory early no9 tice for that rulemaking; and 

10 ‘‘(B) provide the regulatory early notice to 

11 the Comptroller General. 

12 ‘‘(b) REGULATORY EARLY NOTICE CONTENTS.—A 

13 regulatory early notice under subsection (a) shall identify 

14 the problem that the rule is intended to address, and shall 

15 include the following: 

16 ‘‘(1) Whether the rule is required by law, nec17 essary to interpret the law, or made necessary by 

18 compelling public need, such as material failures of 

19 private markets to protect the health and safety of 

20 the public, the environment, or the well-being of the 

21 American people. 

22 ‘‘(2) Whether regulations (or other law) have 

23 created, or contributed to, the problem that a new 

24 regulation is intended to correct and whether those 

25 regulations (or other law) should be modified to 


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1 achieve the intended goal of regulation more effec2 tively. 

3 ‘‘(3) Whether the agency identified and as4 sessed available alternatives to direct regulation, in5 cluding the alternative of not regulating, and includ6 ing providing economic incentives to encourage the 

7 desired behavior, such as user fees or marketable 

8 permits, or providing information upon which 

9 choices can be made by the public. 

10 ‘‘(4) An invitation for the public to provide the 

11 agency with recommendations on how to accomplish 

12 the objectives of the rule most effectively and at 

13 least cost. 

14 ‘‘(c) REGULATION IDENTIFIER NUMBER DEFINED.— 

15 The term ‘regulation identifier number’ means the regula16 tion identifier number assigned to an agency rulemaking 

17 by the Office of Management and Budget pursuant to sec18 tion 4(b) of Executive Order 12866 (5 U.S.C. 601 note; 

19 relating to regulatory planning and review), or any suc20 cessor thereto. 

21 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to require the head of an agency 

23 to respond to any recommendation submitted under sub24 section (b)(4) and any such recommendation may not be 

25 cited in a challenge to a final rule.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 6 of title 5, United States 

3 Code, is amended by adding after the item related to sec4 tion 601 the following new item: 

‘‘601A. Regulatory early notice.’’. 

5 (c) EFFECTIVE DATE.—Not later than 180 days 

6 after the date of the enactment of this Act, the head of 

7 each agency shall establish the regulatory early notice 

8 webpage of the agency required pursuant to section 601A 

9 of title 5, United States Code, as added by subsection (b). 

10 Each agency webpage shall contain regulatory early no11 tices for every agency rulemaking for which the Office of 

12 Management and Budget assigned a regulation identifier 

13 number after the date of the enactment of this Act. 

14 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT15 ING; DATABASE. 

16 (a) IN GENERAL.—Chapter 7 of title 31, United 

17 State Code, is amended by adding after section 721 the 

18 following new section: 

19 ‘‘§ 722. Regulatory early notice database and report 

20 ‘‘(a) DATABASE.—Not later than 1 year after the 

21 date of the enactment of this section, the Comptroller 

22 General shall establish and maintain on the website of the 

23 Comptroller General a searchable database of each regu24 latory early notice provided to the Comptroller General 

25 pursuant to section 601A of title 5. 


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1 ‘‘(b) REPORT.—Not later than 1 year after the date 

2 of the enactment of this section, and annually thereafter, 

3 the Comptroller General shall submit to Congress and 

4 publish on the website of the Government Accountability 

5 Office a report that details agency compliance with this 

6 this section and section 601A of title 5.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of sections for chapter 7 of title 31, United 

9 States Code, is amended by adding after the item related 

10 to section 721 the following new item: 

‘‘722. Regulatory early notice database and report.’’. 

Æ 


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