Proposed Legislation Aims to Enhance Transparency and Accountability in Agency Guidance
A new bill, H.R. 4460 (RH), titled the “Stop Agency Fiat Enforcement of Guidance Act,” has been published on GovInfo.gov, the official online repository for U.S. government publications. The bill, as of its publication on September 9, 2025, at 06:47, outlines proposed changes concerning the enforcement of guidance documents issued by federal agencies.
The core of H.R. 4460 appears to address concerns regarding the extent to which federal agencies rely on guidance documents to implement and enforce regulations. While guidance documents are intended to clarify existing laws and regulations, this proposed legislation suggests a desire to ensure that such documents do not carry the weight of law unless properly promulgated through formal rulemaking processes.
Key aspects that this bill may aim to address include:
- Formal Rulemaking Requirements: The legislation could propose stricter requirements for agencies to engage in formal rulemaking, a process that typically involves public notice, comment periods, and justification for new regulations, before implementing new policies or enforcement strategies through guidance. This aims to provide greater public input and procedural fairness.
- Transparency and Accessibility: By potentially focusing on the enforcement of guidance, the bill may seek to increase transparency in how federal agencies operate. This could involve making guidance documents more readily accessible and understandable to the public, businesses, and regulated entities.
- Accountability for Agencies: The bill’s title, “Stop Agency Fiat Enforcement of Guidance Act,” suggests a focus on preventing agencies from using guidance documents as a de facto method of creating new rules without following established legislative and administrative procedures. This could lead to increased accountability for agency actions.
- Impact on Regulated Entities: For businesses and individuals interacting with federal agencies, this legislation, if enacted, could signify a shift towards more predictable and clearly defined regulatory frameworks. It might offer greater certainty regarding compliance obligations by emphasizing the primacy of formal regulations.
It is important to note that H.R. 4460 is a proposed piece of legislation and, as such, has not yet become law. The legislative process involves multiple stages, including committee reviews, debates, and votes in both the House of Representatives and the Senate. The bill’s ultimate form and impact will depend on these deliberations and potential amendments.
The publication of this bill on GovInfo.gov signifies the commencement of its journey through the legislative system, providing an opportunity for public awareness and engagement with the proposed changes to agency guidance enforcement. Further developments regarding H.R. 4460 will be tracked through official government channels.
H.R. 4460 (RH) – Stop Agency Fiat Enforcement of Guidance Act
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