Do Federal Agencies Need to Make Information About Pending Regulations Public? (H.R. 1004)
Do you support or oppose this bill?
What is H.R. 1004?
(Updated March 27, 2021)
This bill would require each executive branch agency to publish pending regulations and related public statements on their websites. The information would include a brief description of the regulation, when the agency started developing or considering it, its status, and an estimate of when it will be finalized and go into effect. All public statements would be published on the site and mention when the statement was made, its audience, how it was communicated, and an original copy of it.
All agencies would be required to publish information about a communication within 24 hours of it being issued and maintain its availability to the public for at least five years after the regulation is finalized.
All public communications from an agency related to a pending regulatory action would:
Specify whether the agency is considering alternatives and accepting comments from the public;
Disclose that the agency is the source of the information to the intended recipients;
Not ask for support or promote the regulatory action, or include statements praising the agency, any federal employee, or the regulatory action.
Argument in favor
Federal agencies need to be completely transparent when developing regulations, and publishing all the relevant information about pending regulations on agencies’ websites makes it more accessible for concerned citizens.
Argument opposed
Much of the information that goes into developing federal regulations is either published somewhere or can be obtained through a Freedom of Information Act request. If citizens are that concerned they can find it as is.
Impact
Citizens who wish to comment on pending regulations or read about the proposed rules; and federal agencies.
Cost of H.R. 1004
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Rep. Tim Walberg (R-MI) introduced this bill to make federal agencies’ process for creating regulations more transparent:
“The EPA has been overreaching its authority for some time, and the agency’s covert campaign to sway the outcome of the harmful Waters of the US rule is a prime example. Now we know, based on an independent report, that the EPA did indeed engage in illegal lobbying methods. The Regulatory Integrity Act will ensure the EPA and other federal agencies operate the rulemaking process in an open and transparent manner to prevent such misconduct in the future.”
During the last Congress this legislation was passed by the House on a 250-171 vote before stalling in the Senate.
Media:
- Sponsoring Rep. Tim Walberg (R-MI) Press Release (Previous Version)
- CBO Cost Estimate (Previous Version)
- Columbia Basin Herald (Previous Version)
(Photo Credit: Coolcaesar via Wikipedia / Creative Commons)
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