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119-hr-3525119th Congress

Regulatory Accountability Act

Sponsored By: Representative Van Duyne, Beth [R-TX-24]

Introduced

Summary

Centers rulemaking around OIRA review and stronger cost‑benefit tests for major rules. This bill would modernize rulemaking definitions, require Office of Information and Regulatory Affairs review before agencies publish proposed rules, and treat a "major rule" as one likely to have an annual economy‑wide impact of $100 million or more.

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  • Agencies: Agencies would face new analytic steps and transparency duties. They must document legal authority, evaluate a reasonable set of alternatives, perform structured cost‑benefit analyses for major rules, publish timetables, and follow OIRA guidelines updated at least every 10 years.
  • Businesses and the public: Regulated parties and stakeholders would get longer, clearer opportunities to comment and see the evidence agencies rely on. Ordinary rules would have at least 60 days for comment and major rules at least 90 days.
  • Courts and guidance: The bill limits when courts can review agency guidance and sets a clearer standard for judicial treatment of agency interpretations. Agencies must label guidance as nonbinding and publish it in a designated location.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

More time and transparency in rulemaking

Agencies would have to open an online docket and publish an early notice at least 90 days before a proposed rule. They would need to share studies and models by the time they post the proposal, with narrow disclosure exceptions. Public comment would last at least 60 days for normal rules and 90 days for major rules, plus a 30-day reply window for major rules. Final rules would wait at least 30 days before taking effect, or 60 days for major rules, unless the agency shows good cause. For urgent cases, agencies could issue direct or interim rules, but must allow comment and act within set time limits.

Stronger cost-benefit checks on major rules

Starting 180 days after enactment, agencies would face tighter steps for major rules. They would have to compare several real options and analyze costs, benefits, risks, and indirect and cumulative effects. Final major rules would need a plan to measure results within 10 years, with data collection and public input. Agencies would have to pick the option with the biggest net benefits unless the OIRA Administrator approves another choice with written reasons. Agencies would also post a timetable, update delays, and report misses to Congress and OMB.

Limits on agency outreach during rules

After an agency posts a proposed rule or starts a major rulemaking, it would not be allowed to publicly push for or against that rule. People using federal funds could not use that money to advocate for the rule. Private meetings with likely beneficiaries would need to be listed in the Federal Register with the proposal. Agencies could still ask for facts or impartial comments.

New court standards for agency rules

Courts would review the whole record and consider whether errors mattered. Courts would decide legal questions anew, while giving weight to agency views based on their reasoning and consistency. Most actions by the OIRA Administrator would not be reviewable, except for records and privacy matters. Review of agency guidance that does not interpret a statute or rule would be limited to a specific subsection.

New limits and posting for guidance

The bill would define guidance and "major guidance" (likely to impact the economy by $100 million or more each year). Agencies would have to put a clear nonbinding note on the first page and post guidance in one online location at issuance. Before issuing major guidance, an agency would need to document that it is clear, follows the law, lists costs and benefits, and that benefits justify costs. The Office of Information and Regulatory Affairs (OIRA) would issue updated guidance-writing instructions.

Sponsors & CoSponsors

Sponsor

Van Duyne, Beth [R-TX-24]

TX • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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