Congressmen Don Davis, Guy Reschenthaler, and Tim Burchett introduced H.R. 8204, bipartisan legislation aimed at enhancing transparency and public engagement in the regulatory process. The Regulatory Early Notice and Engagement Act of 2024 would require regulatory early notice by agencies and foster increased accountability.

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June 10, 2024

Dear Member of Congress:

We encourage you to co-sponsor H.R. 8204, the Regulatory Early Notice and Engagement Act. This bipartisan legislation would reform the federal regulatory process to make it more transparent, accountable, and responsive to the public. The end result will be better regulation.

Introduced by Representatives Guy Reschenthaler (R-PA), Don Davis (D-NC), and Tim Burchett (R-TN), H.R. 8204 would require that, within one week after initiating a new rulemaking activity, a federal agency would have to make public on its website and send to Congress a regulatory early notice, which must:

  • identify the problem the rule is intended to address and state whether the rule is required by law, necessary to interpret law, or made necessary to address a compelling public need, such as a material failure of private markets,
  • state whether existing regulations or other laws have created, or contributed to, the problem that a new regulation is intended to correct,
  • state whether the agency identified and assessed available alternatives to direct regulation, including the alternative of not regulating, and
  • invite the public to provide the agency with recommendations on how to accomplish the objectives of the rule most effectively and at least cost.

The bill builds on long-established principles of sound regulation embodied in Executive Order 12866, which has been affirmed by every president since its issuance in 1993. The bill would require the U.S. Government Accountability Office (GAO) to develop and maintain a database containing each regulatory early notice and report to Congress on agency compliance with the Act.

As rules are increasingly issued, reversed, and restored with administration changes, businesses are left to navigate a sea of regulatory uncertainty and unable to plan for long-term investments. This regulatory whiplash impedes our ability to strengthen our economy in the U.S. and instead pushes manufacturing to other countries. All of this undermines national priorities, impedes domestic innovation, and threatens U.S. competitiveness. H.R. 8204 can help restore accountability through more vigorous congressional oversight of federal agencies.

Thank you for your consideration of cosponsoring this modest, common-sense reform.

Sincerely,

Alliance for Chemical Distribution IPC – Build Electronics Better
American Chemistry Council Lawn & Horticultural Products Work Group
American Cleaning Institute National Asphalt Pavement Association
American Coatings Association National Association of Home Builders
American Exploration & Mining Association National Automobile Dealers Association
American Farm Bureau Federation National Cotton Council
American Fuel & Petrochemical Manufacturers National Grain and Feed Association
American Iron and Steel Institute National Stone Sand & Gravel Association
American Petroleum Institute North American Association of Food Equipment Manufacturers
American Road & Transportation Builders Association North American Meat Institute
AmericanHort Plastics Industry Association
Association of American Railroads Polyisocyanurate Insulation Manufacturers Association
Association of Equipment Manufacturers Polymeric Exterior Products Association
Association of the Nonwoven Fabrics Industry (INDA) PRINTING United Alliance
Communications Cable & Conductivity Association SOCMA
Composite Panel Association Southern Crop Production Association
Consumer Technology Association The Fertilizer Institute
CropLife America The Recycled Materials Association
Decorative Hardwoods Association The Vinyl Institute
Essential Minerals Association Treated Wood Council
International Sign Association U.S. Chamber of Commerce
  USA Rice

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