Unfunded Mandates Accountability and Transparency Act of 2025
Sponsored By: Representative Foxx, Virginia [R-NC-5]
In Committee
Summary
This bill would overhaul how agencies evaluate major regulations by imposing a tougher, quantified cost‑benefit test. It defines a "major rule" threshold of $100 million in annual economy-wide effects and would require agencies to pick the option that maximizes net benefits.
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- Agencies and analyses: Would require a mandatory two-stage regulatory impact analysis (initial and final) for any "major rule" likely to affect the economy by $100 million or more, with the threshold adjusted every 5 years for inflation.
- Stakeholders and scope: Would require prior consultation with State, local, and Tribal governments and private-sector parties including small businesses. It extends coverage to independent regulatory agencies but exempts Federal Reserve monetary-policy rules.
- Oversight and enforcement: Gives the Office of Information and Regulatory Affairs (OIRA) expanded authority, creates a formal initiation process for potential major rules, and establishes a streamlined judicial review path with broader remedies for challenges.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 0 costs, 5 mixed.
Independent agencies covered, Fed monetary policy exempt
If enacted, independent regulatory agencies would be brought under these rulemaking requirements for major rules. At the same time, Federal Reserve monetary policy rules would be exempt. Both changes would start 120 days after enactment.
OIRA oversight and court review of rules
If enacted, OIRA would guide and check major rules for compliance and conflicts, tell agencies where they fall short, and ask fixes before a rule is final. OIRA would also send Congress a yearly report on each agency’s compliance, including consultation results. People harmed by a final major rule could ask a court to review whether the agency followed these analysis and procedure rules. If a court finds a problem, it could order the agency to fix it.
Stronger analyses and choices for big rules
If enacted, a “major rule” would mean one likely to affect the economy by $100 million or more a year, with that $100 million adjusted for inflation every 5 years, or other large market effects. “Cost” would include compliance and indirect costs, like lost revenue. Agencies would need to publish impact analyses at the proposal and at the final rule, compare options (including doing nothing), and summarize state, local, and Tribal input. Agencies would generally have to choose the option with the biggest net benefits allowed by law; picking another would need OIRA approval and a written explanation. Some parts, like the net‑benefit choice rule, would start 120 days after enactment.
Earlier notice and broader stakeholder input
If enacted, when an agency starts a rule that may be a major rule, it would have to open an online docket and publish a notice at least 90 days before the proposed rule. The notice would explain the problem, goals, legal authority, invite ideas, and tell people how to submit materials. Agencies would also need to consult early and often with private‑sector groups, including small businesses, plus State, local, and Tribal officials. They would estimate costs and benefits to inform talks, ask for flexible options, and consider combined regulatory impacts. The expanded consultation rules would start 120 days after enactment.
House can challenge private-sector mandates
If enacted, House members would be able to raise a point of order against bills that create certain federal mandates on private parties, not just on governments. This could change how Congress debates and blocks new mandates. It would take effect when enacted.
Sponsors & CoSponsors
Sponsor
Foxx, Virginia [R-NC-5]
NC • R
Cosponsors
Cuellar
TX • D
Sponsored 1/21/2025
Rep. Golden, Jared F. [D-ME-2]
ME • D
Sponsored 1/21/2025
Rep. Hinson, Ashley [R-IA-2]
IA • R
Sponsored 1/21/2025
Sessions
TX • R
Sponsored 1/21/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov