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119-s-1708119th CongressWALLET

Regulatory Accountability Act

Sponsored By: Senator Lankford, James [R-OK]

Introduced

Summary

Rewrites federal rulemaking to add new procedural checks, transparency, and stronger Office of Information and Regulatory Affairs (OIRA) oversight. The bill would define "guidance" and "major rule", require cost and alternatives analysis for significant actions, lengthen public comment periods, and create a mandatory retrospective review framework.

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  • Agencies and rule writers would face tighter procedural steps. They must consider at least three alternatives and, for "major rules" (those likely to have annual effects of $100 million or more), perform quantitative cost and benefit analysis and generally adopt the alternative that maximizes net benefits.
  • The public and regulated entities would get more access and time to weigh in. Agencies must post studies, models, and relied upon information in dockets and provide at least 60 days for general rules and 90 days for major rules to comment.
  • The Office of Information and Regulatory Affairs (OIRA) would gain expanded oversight. The OIRA Administrator would publish comprehensive rulemaking guidelines, oversee retrospective assessments, and require a review horizon up to 10 years with major‑rule framework requirements beginning 180 days after enactment.

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Bill Overview

Analyzed Economic Effects

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

New tests for major rules

If enacted, the bill would define a "major rule" to include rules likely to affect the economy by $100,000,000 or more a year. For major rules, agencies would generally have to adopt the alternative that maximizes net benefits in their analysis. Agencies could pick a different option only with the Administrator's approval and a written explanation of unquantified effects. The Administrator would also require agencies to review major rules after they take effect, publish assessment results within 180 days, and set the next review no more than 10 years later.

Longer comments and more transparency

If enacted, agencies starting major-rule rulemakings would post an electronic docket and publish an advance notice at least 90 days before a proposed rule. The advance notice would describe the problem, invite alternatives, and give at least 30 days to submit materials. Agencies would put studies, models, and relied-upon information in the docket by the NPRM date. Most proposed rules would get at least 60 days for comment. Proposed major rules would get at least 90 days plus a 30-day responsive comment window. Agencies would send proposed rules to the Administrator for review before publishing. When rules rest on science, agencies would use the best publicly available information. After an NPRM, agencies and federal fund recipients could not use funds to directly advocate for or against the proposal, and ex parte contacts must be published.

Limits on court review of agencies

If enacted, courts would decide questions of law anew unless a statute says otherwise, while still giving due regard to agency views. The bill would narrowly limit judicial review of whether agencies published required assessment frameworks or completed and published required assessments. If a court finds noncompliance, it could only remand the rule to the agency, and the major rule would still take effect. Many actions or inaction by the Administrator would not be subject to court review, except for certain Freedom of Information and Privacy Act matters. The bill would not apply to rulemakings pending or completed on the date of enactment.

Sponsors & CoSponsors

Sponsor

Lankford, James [R-OK]

OK • R

Cosponsors

  • Sen. Johnson, Ron [R-WI]

    WI • R

    Sponsored 5/12/2025

Roll Call Votes

No roll call votes available for this bill.

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