Bills of Congress by U.S. Congress

Safeguarding U.S. Rulemaking Act

Summary

The Safeguarding U.S. Rulemaking Act aims to amend Section 553 of Title 5, United States Code, to restrict public comments during rulemaking processes. Specifically, it seeks to prohibit foreign governments designated as adversaries by the Secretary of Commerce, and their nationals or entities, from participating in rulemaking or petitioning agencies. This bill intends to limit public input to U.S. citizens and entities only.

Expected Effects

The primary effect of this act would be to exclude certain foreign entities from providing input on proposed rules. This could streamline the rulemaking process by reducing the volume of comments. However, it may also limit the diversity of perspectives considered by agencies.

Potential Benefits

  • Strengthens national security by limiting influence from foreign adversaries.
  • Streamlines the rulemaking process by reducing the volume of comments.
  • Ensures that U.S. citizens and entities have a greater voice in shaping regulations.
  • Potentially reduces the risk of foreign interference in domestic policy.
  • May lead to regulations more aligned with U.S. interests.

Potential Disadvantages

  • May limit the diversity of perspectives considered during rulemaking.
  • Could harm international cooperation by alienating foreign governments.
  • May face legal challenges based on freedom of speech or due process.
  • Could lead to unintended consequences if foreign expertise is excluded.
  • May create a perception of bias or unfairness in the rulemaking process.

Constitutional Alignment

The bill's constitutional alignment is complex. While Congress has broad authority to regulate commerce and national security, the First Amendment protects freedom of speech and the right to petition the government. This bill could be challenged as an infringement on these rights, particularly if it unduly restricts the ability of individuals or entities to express their views on matters of public concern. The government would need to demonstrate a compelling interest and that the restrictions are narrowly tailored.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).