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119-s-148119th CongressWALLET

RED TAPE Act

Sponsored By: Senator Ernst, Joni [R-IA]

In Committee

Summary

Ban on non-monetized or unquantified factors in regulatory analyses would make monetary estimates the central test for federal rules and force agencies to show the dollar logic behind regulations. It also pushes for public disclosure and creates a clear path for courts to review rules that relied on unquantified impacts.

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  • Federal agencies and the Office of Management and Budget (OMB) would be barred from using non-monetized or unquantified factors in any proposed, final, or interim final rule and must publish summaries and full texts of benefit-cost and regulatory impact analyses in the Federal Register. OMB must issue revised guidance within 90 days and the changes take effect 30 days after enactment.
  • Businesses and other regulated parties would get a direct right to challenge rules in district court when agencies relied on unquantified factors, with a statutory time limit for bringing suits. This ties legal challenges to how agencies measured monetary impacts.
  • The public and advocates would see methodologies, economic estimates, and decision rationales for each rule, making it easier to assess how benefits and costs were calculated.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Limits on agency use of non-monetized factors

This bill would bar federal agencies from using any non-monetized or unquantified factor in regulatory impact or benefit-cost analyses for proposed, final, or interim final rules. The Office of Management and Budget would be prohibited from authorizing or relying on those factors. Agencies would have to publish in the Federal Register a summary and the full text of each analysis, including methods, specific estimates, determinations, and rationale, with each rule. Any party affected by a rule that relied on banned factors would be able to sue in U.S. district court to seek invalidation; that review would apply to rules issued on or after November 9, 2023. The OMB Director would have 90 days after enactment to issue revised guidance, and the changes would take effect 30 days after enactment.

Sponsors & CoSponsors

Sponsor

Ernst, Joni [R-IA]

IA • R

Cosponsors

  • Sen. Lankford, James [R-OK]

    OK • R

    Sponsored 1/17/2025

Roll Call Votes

No roll call votes available for this bill.

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