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 jurisdic-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Early No-
tice and Engagement Act of 2024’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Federal agencies regulate via grants of au-
thority contained in public laws. 
(2) To earn and maintain public trust, this reg-
ulatory power must be exercised with full trans-
parency. 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 regu-
lations 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 fa-
cilitate 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: 
‘‘§ 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. 
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‘‘(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 no-
tice 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, nec-
essary 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 
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achieve the intended goal of regulation more effec-
tively. 
‘‘(3) Whether the agency identified and as-
sessed available alternatives to direct regulation, in-
cluding the alternative of not regulating, and includ-
ing 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 regula-
tion identifier number assigned to an agency rulemaking 
by the Office of Management and Budget pursuant to sec-
tion 4(b) of Executive Order 12866 (5 U.S.C. 601 note; 
relating to regulatory planning and review), or any suc-
cessor thereto. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to require the head of an agency 
to respond to any recommendation submitted under sub-
section (b)(4) and any such recommendation may not be 
cited in a challenge to a final rule.’’. 
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(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 sec-
tion 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 no-
tices 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 REPORT-
ING; DATABASE. 
(a) 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 regu-
latory early notice provided to the Comptroller General 
pursuant to section 601A of title 5. 
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‘‘(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.’’. 
Æ 
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