Sponsor
Beth Van Duyne
Representative · R-TX
Representative · R-TX
Official title: To improve agency rulemaking, and for other purposes.
Introduced May 20, 2025 by Beth Van Duyne · Last progress May 20, 2025
The bill increases transparency, analytic rigor, and procedural predictability in federal rulemaking—potentially reducing unnecessary regulatory burdens—at the cost of slower agency action, greater administrative expense, and narrower avenues for judicial and public challenge that could limit timely protections and accountability.
Taxpayers, small businesses, state governments, and the public will have more transparent and predictable rulemaking: clearer public dockets, longer comment periods, centralized publication of retrospective reviews, and clearer guidance/rule distinctions make it easier to find, understand, and participate in rulemaking.
Small businesses and taxpayers will see potentially lower long‑run regulatory burdens because agencies must analyze costs/benefits, consider alternatives, and perform mandatory retrospective reviews of major rules to repeal or modify ineffective regulations.
Federal agencies, regulated parties, and courts will face less uncertainty from clearer definitions and centralized authority: OIRA/its Administrator are designated definitional authorities and the bill sets a $100M 'major rule' threshold, standardizing when enhanced review applies.
Middle‑class families, taxpayers, and state governments may face slower protections: added procedural requirements, expanded OIRA/Administrator review, and extra documentation increase the time to finalize rules and can delay health, safety, and environmental safeguards.
Middle‑class families and taxpayers could lose protections from broad or long‑term benefits being considered: the bill narrows benefit analysis to statutory text and uses a $100M threshold that can exclude rules with important but diffuse benefits (e.g., environmental or long‑term health gains).
Taxpayers, federal employees, and regulated entities face concentrated executive review power and potential unreviewability: the Administrator gains classification, waiver, and exemption authorities, and some Administrator actions are insulated from judicial review, reducing transparency and accountability.
Based on analysis of 9 sections of legislative text.
Strengthens OIRA review, defines "major rule/major guidance," requires analysis of alternatives and costs for significant rules, and narrows some judicial review pathways.
Makes sweeping changes to how federal agencies write, review, and defend regulations by adding new definitions (including "guidance," "major guidance," and "major rule"), increasing review authority for the Office of Information and Regulatory Affairs (OIRA), and requiring agencies to analyze alternatives and costs for significant rules. It changes standards and scope of judicial review, tightens retrospective review and publication requirements, and updates cross‑references in several statutes; most changes apply prospectively to new rulemakings only.