Description: The act requires agencies to produce a publicly available list of each pending regulation, and similar list of public communications the agency makes about each regulation, and to make reports to Congress.  Under the act, any public communication issued by an executive agency that refers to a pending agency regulatory action may not directly advocate (for or against) the pending action, appeal to the public to, or solicit a third party to undertake advocacy in support of or against the pending agency regulatory action. The act also prohibits public communication by an executive agency regarding a pending regulatory action to be directly or indirectly for publicity or propaganda.

Fair Economy Impact:  This legislation imposes restrictions on agency communications.  Fear of violating the act will likely lead agencies to limit communications on regulatory proposals, depriving the public of information on proposed rules and preventing agencies from the benefit of public engagement.

Actions:

• S. 951 reported out from Senate Committee on Homeland Security and Governmental Affairs May 17, 2017
• Received in the Senate March 2, 2017
• H.R. 1004 Passed by the House (246-176) March 2, 2017