Regulatory Accountability Act · Introduced in House (2025-05-20)

SEC. 2. Definitions

Section 551 of title 5, United States Code, is amended—

in paragraph (5), by striking rule makingand inserting rulemaking;
in paragraph (6), by striking rule makingand inserting rulemaking;
in paragraph (13), by striking and at the end;
in paragraph (14), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:

SEC. 3. Rulemaking

Section 553 of title 5, United States Code, is amended—

in the section heading, by striking and inserting ;
in subsection (a), by striking and inserting the following:
- (a) Applicability
  - This section applies
- (b) Rulemaking considerations
  - In a rulemaking, an agency shall consider, in addition to other applicable considerations, the following:
    - The legal authority under which a rule may be proposed, including whether rulemaking is required by statute or is within the discretion of the agency.
    - The nature and significance of the problem the agency intends to address with a rule.
    - Whether existing Federal laws or rules have created or contributed to the problem the agency may address with a rule and, if so, whether those Federal laws or rules could be amended or rescinded to address the problem in whole or in part.
    - A reasonable number of alternatives for or to a new rule, with the consideration of 3 alternatives presumed to be reasonable, that—
      - meet the objectives of the statutory provision on which the rulemaking relies, including substantial alternatives or other responses identified by the agency or by interested persons; and
      - consider not only mandating particular conduct or manners of compliance, but also—
        
        (i) specifying performance objectives;
        
        (ii) establishing economic incentives, including marketable permits, to encourage desired behavior;
        
        (iii) establishing disclosure requirements that will provide information upon which choices can be made by the public; or
        
        (iv) adopting other means of meeting the objectives of the statutory provision on which the rulemaking relies without mandating particular conduct or manners of compliance.
    - For any major rule, unless prohibited by law, the potential costs and benefits associated with potential alternative rules and other responses considered under paragraph (4), including quantitative and qualitative analyses of—
      - the direct costs and benefits, with costs and benefits measured over equal time periods;
      - the nature and degree of risks addressed by the rule and the countervailing risks that might be posed by agency action; and
      - to the extent practicable, the cumulative costs and benefits and the indirect costs and benefits, and an analysis of the effects that the rule is anticipated to have on entities that purchase products or services from, sell products or services to, or otherwise conduct business with entities to which the rule will apply.
- (c) Notice of proposed rulemaking
  - (1) In general
    - If an agency determines that the objectives of the agency require the agency to issue a rule, the agency shall—
      - submit a notice of proposed rulemaking to the Administrator for review;
      - refrain from publishing the notice until the Administrator concludes the review under subparagraph (A); and
      - at the conclusion of review by the Administrator, publish a notice of proposed rulemaking in the Federal Register, which shall include—
        
        (i) a statement of the time, place, and nature of any public rulemaking proceedings;
        
        (ii) a reference to the legal authority under which the rule is proposed, including the specific statutory provision on which the rulemaking relies;
        
        (iii) the text of the proposed rule;
        
        (iv) a summary of information known to the agency concerning the considerations described in subsection (b); and
        
        (v) where otherwise consistent with applicable law, for any major rule—
        
        a reasoned preliminary explanation regarding how—
        
        the proposed rule meets the objectives of the statutory provision on which the rulemaking relies; and
        
        the benefits of the proposed rule justify the costs;
        
        a discussion of—
        
        the costs and benefits of alternatives considered by the agency under subsection (b)(4);
        
        whether the alternatives considered by the agency under subsection (b)(4) meet the objectives of the statutory provision on which the rulemaking relies; and
        
        the reasons why the agency did not propose an alternative considered by the agency under subsection (b)(4); and
        
        a solicitation of public comment, including on all issues and alternatives discussed under subclauses (I) and (II) and subsection (k)(1)(A).
  - (2) Accessibility
    - (A) In general
      - Not later than the date on which an agency publishes a notice of proposed rulemaking under paragraph (1), all studies, models, scientific literature, and other information developed or relied upon by the agency, and actions taken by the agency to obtain that information, in connection with the determination of the agency to propose the rule that is the subject of the rulemaking shall be placed in the docket for the proposed rule and made accessible to the public.
    - (B) Information controlled by nongovernmental person
      - With respect to any information to which a nongovernmental person holds a legal right to prohibit or limit reproduction, distribution, or public display, the information shall be—
        
        (i) placed in the docket through citation or incorporation by reference, including a specification of the identity of the nongovernmental person who holds a legal right to prohibit or limit reproduction, distribution, or public display of the information and the means by which a member of the public may request a full copy of the information from that holder; and
- (d) Advanced notice of proposed rulemaking for major rules
  - (1) Notice for major rules
    - When an agency determines to initiate a rulemaking that may result in a major rule, the agency shall—
      - establish an electronic docket for that rulemaking, which may have a physical counterpart; and
      - publish an advanced notice of proposed rulemaking in the Federal Register, which shall, at a minimum—
        
        (i) briefly describe the nature and significance of the problem the agency may address with the rule, including any data or categories of data that the agency has identified as relevant or that the agency intends to consult for the rule;
        
        (ii) refer to the legal authority under which the rule would be proposed, including the specific statutory provision that authorizes the rulemaking;
        
        (iii) invite interested persons to propose alternatives and other ideas regarding how best to accomplish the objectives of the agency in the most effective manner;
        
        (iv) solicit written data, views, and arguments from interested persons concerning the information and issues identified in the advanced notice;
        
        (v) provide for a period of not less than 30 days for interested persons to submit written data, views, and arguments described in clause (iv) to the agency; and
        
        (vi) appear in the Federal Register not later than 90 days before the date on which the agency publishes a notice of proposed rulemaking for the rule.
  - (2) Accessibility
    - All information provided to the agency under paragraph (1) shall be promptly placed in the docket and made accessible to the public, unless the information—
      - is information to which the submitter does not hold a legal right to authorize disclosure; or
      - is exempt from disclosure under section 552(b).
  - (3) Applicability
    - With respect to the alternatives and other ideas proposed under paragraph (1)(B)(iii)—
      - the alternatives and other ideas are for the benefit of—
        
        (i) the agency receiving the alternatives and other ideas; and
        
        (ii) the public; and
      - the agency receiving the alternatives and other ideas may respond to the alternatives and other ideas.
  - (4) Timetable
    - (A) In general
      - After considering any written material submitted by interested persons under paragraph (1), if an agency determines to proceed with a rulemaking for a major rule, the agency proposing the rule shall establish a timetable for the rulemaking that—
        
        (i) contains intermediate completion dates for actions of the agency, including—
        
        the anticipated date on which the agency shall publish the notice required under subsection (c)(1) with respect to the rule; and
- (e) Final rules
  - (1) Net benefits of major rule
    - (A) In general
      - Except as provided in subparagraph (B), in a rulemaking for a major rule, an agency shall adopt the alternative considered under subsection (b)(5) that maximizes net benefits, taking into consideration—
        
        (i) cumulative regulatory cost burdens; and
        
        (ii) only benefits that arise within the scope of the statutory provision that authorizes the rulemaking.
    - (B) Exceptions
      - In a rulemaking for a major rule, an agency may adopt an alternative other than as required under subparagraph (A) only if—
        
        (i) the Administrator approves the adoption by the agency of the alternative; and
        
        (ii) the alternative is adopted to—
        
        account for costs or benefits that cannot be quantified, including costs or benefits related to constitutional or civil rights, provided that the agency identifies all such costs and benefits and explains why those costs and benefits justify the adoption of the alternative; or
        
        achieve additional benefits or cost reductions, provided that the agency—
        
        identifies—
        
        all such additional benefits and the associated costs of those benefits; and
        
        all such cost reductions and the associated benefits of those cost reductions; and
        
        explains why—
        
        the additional benefits justify the additional costs; or
        
        the additional cost reductions justify any benefits foregone.
    - (C) Rule of construction
      - Nothing in subparagraph (A) may be construed to preclude an agency from including in an alternative adopted pursuant to such subparagraph changes made as a result of agency analysis or review performed under chapter 6 of this title.
  - (2) Publication of notice of final rulemaking
    - After submitting a final rule to the Administrator for review and obtaining a certification from the Administrator that the review has concluded, the agency shall publish a notice of final rulemaking in the Federal Register, which shall include—
      - a concise, general statement of the basis and purpose of the rule and a reference to the legal authority under which the rule is made, including the specific statutory provision on which the rulemaking relies;
      - a reasoned determination by the agency regarding the considerations described in subsection (b);
      - a response to each significant issue raised in the comments on the proposed rule;
      - the internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the internet website under section 206(d) of the E-Government Act of 2002 ( note) (commonly known as regulations.gov); and 44 U.S.C. 3501
      - with respect to a major rule, a reasoned determination by the agency that—
- (f) Applicability
  - (1) Primacy of certain rulemaking considerations and procedures in other federal laws
    - (A) Considerations
      - If a rulemaking is authorized under a Federal law that requires an agency to consider, or prohibits an agency from considering, a factor in a manner that is inconsistent with, or that conflicts with, the requirements under this section, for the purposes of this section, the requirement or prohibition, as applicable, in that other Federal law shall apply to the agency in the rulemaking.
    - (B) Procedural requirements
      - If a rulemaking is authorized under a Federal law that requires an agency to follow or use, or prohibits an agency from following or using, a procedure in a manner that is duplicative of, or that conflicts with, a procedural requirement under this section, for the purposes of this section, the requirement or prohibition, as applicable, in that other Federal law shall apply to the agency in the rulemaking.
  - (2) Guidance and rules of organization
    - Except as otherwise provided by law, this section shall not apply to guidance or rules of agency organization, procedure, or practice.
  - (3) Exceptions for good cause
    - (A) Finding of good cause
      - (i) If an agency for good cause finds that compliance with subsection (c), (d), or (e)(2)(B) before issuing a final rule is unnecessary, impracticable, or contrary to the public interest, that subsection shall not apply and the agency may issue the final rule or an interim final rule, as applicable, under subparagraph (B) or (C).
      - (ii) If an agency makes a finding under clause (i), the agency shall include that finding and a detailed statement with respect to the reasons for that finding in the final rule or interim final rule, as applicable, issued by the agency.
    - (B) Direct final rules
      - (i) Except as provided in clause (ii), if an agency makes a finding under subparagraph (A)(i) that compliance with subsection (c), (d), or (e)(2)(B) before issuing a final rule is unnecessary, the agency shall, before issuing the final rule—
      - publish in the Federal Register the text of the final rule, the brief statement required under subparagraph (A)(ii), and a notice of opportunity for public comment;
      - establish a comment period of not less than 30 days for any interested person to submit written material, data, views, or arguments with respect to the final rule; and
      - provide notice of the date on which the rule will take effect.
      - (ii) An agency that made a finding described in clause (i) may choose not to follow the requirements under that clause if the agency determines that following the requirements would not expedite the issuance of the final rule.
      - (iii) If an agency receives significant adverse comments with respect to a rule during the comment period established under clause (i)(II), the agency shall—
- (g) Date of publication
  - A final rule, a direct final rule described in subsection (f)(3)(B), or an interim final rule described in subsection (f)(3)(C) shall be published not later than 30 days (or, in the case of a major rule, not later than 60 days) before the effective date of the rule, except—
    - for guidance; or
    - as otherwise provided by an agency for good cause and as published with the rule.
- (h) Right To petition and review of rules
  - Each agency shall—
    - give interested persons the right to petition for the issuance, amendment, or repeal of a rule; and
    - on a continuing basis, invite interested persons to submit, by electronic means, suggestions for rules that warrant retrospective review and possible modification or repeal.
- (i) Rulemaking guidelines
  - (1) Assessment of rules
    - (A) In general
      - The Administrator shall establish guidelines regarding rulemaking as follows:
        
        (i) Guidelines setting forth how needs for rulemaking should be identified, including—
        
        whether rulemaking is made necessary by compelling public need, such as material failures of private markets or public institutions to protect or improve the health and safety of the public, the environment, or the well-being of the public; and
        
        whether rulemaking needs could be lessened by reliance on potential State, local, Tribal, or regional regulatory action or other responses that could be taken in lieu of agency action.
        
        (ii) Guidelines setting forth how the assessment, including the quantitative and qualitative assessment, of proposed and final rules should occur, including how to determine—
        
        the costs and benefits of proposed and final rules and alternatives to them, including quantifiable and non-quantifiable costs and benefits;
        
        whether proposed and final rules maximize net benefits;
        
        estimated impacts on jobs, wages, competition, innovation, rural populations, and low-income populations;
        
        other economic issues that are relevant to rulemaking under this section or other sections of this part; and
        
        risk assessments that are relevant to rulemaking under this section and other sections of this part.
        
        (iii) Guidelines regarding when it may be reasonable to consider in a rulemaking more alternatives than the number presumed to be reasonable under subsection (b)(4).
        
        (iv) Guidelines regarding when it may be appropriate, in a rulemaking for a major rule, to adopt an alternative final rule under subsection (e)(1)(B).
        
        (v) Guidelines regarding the efficient submission and review of proposed and final rules under subsections (c)(1) and (e)(2).
    - (B) Agency analysis of rules
      - (i) The rigor of the cost-benefit analysis required or recommended by the guidelines established under subparagraph (A) shall be commensurate, as determined by the Administrator, with the economic impact of a rule.
      - (ii) Guidelines for a risk assessment described in subparagraph (A)(iv) shall include criteria for—
      - selecting studies and models;
      - evaluating and weighing evidence; and
      - conducting peer reviews.
    - (C) Updating guidelines
      - Not less frequently than once every 10 years, the Administrator shall update the guidelines established under subparagraph (A) to enable each agency to use the best available techniques to identify, quantify, and evaluate the need for rulemaking and present and future benefits, costs, other economic issues, and risks as objectively and accurately as practicable.
  - (2) Simplification of rules
- (j) Agency guidance; procedures To issue major guidance; authority To issue guidelines for issuance of guidance
  - (1) In general
    - Agency guidance shall—
      - not be used by an agency to foreclose consideration of issues as to which the guidance expresses a conclusion;
      - state that the guidance is not legally binding by including the phrase on the first page of the document; and The contents of this document do not have the force and effect of law and do not, of themselves, bind the public or the agency. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
      - be published in a single location on an internet website designated by the Director at the time the guidance is issued.
  - (2) Procedures to issue major guidance
    - Before issuing any major guidance, an agency shall make and document a reasoned determination that—
      - such guidance is understandable and complies with relevant statutory objectives and regulatory provisions; and
      - identifies the costs and benefits, including all costs and benefits to be considered during a rulemaking as required under subsection (b), of requiring conduct conforming to such guidance and assures that such benefits justify such costs.
  - (3) Issuance of updated guidance
    - (A) In general
      - The Administrator shall issue updated guidelines for use by agencies in the issuance of guidance documents.
    - (B) Requirements
      - The guidelines issued by the Administrator under subparagraph (A) shall advise each agency—
        
        (i) not to issue guidance documents that are inconsistent or incompatible with, or duplicative of, other rules of the agency and those of other agencies;
        
        (ii) to draft the guidance documents of the agency to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty; and
        
        (iii) how to develop and implement a strategy to ensure the proper use of guidance by the agency.
- (k) Major rule frameworks
  - (1) In general
    - Beginning on the date that is 180 days after the date of enactment of this subsection, when an agency publishes in the Federal Register—
      - a proposed major rule, the agency shall include a potential framework for assessing the rule, which shall include a general statement of how the agency intends to measure the effectiveness of the rule; or
      - a final major rule, the agency shall include a framework for assessing the rule under paragraph (2), which shall include—
        
        (i) a clear statement of the regulatory objectives of the rule, including a summary of the expected and predicted benefits and costs of the rule;
        
        (ii) the methodology by which the agency plans to analyze the rule, including metrics by which the agency can measure—
        
        the effectiveness and benefits of the rule in producing the regulatory objectives of the rule; and
        
        the impacts, including any costs, of the rule on regulated and other impacted entities;
        
        (iii) a plan for gathering data regarding the metrics described in clause (ii) on an ongoing basis, or at periodic times, including a method by which the agency will invite the public to participate in the review process and seek input from other agencies; and
        
        (iv) a specific timeframe, as appropriate to measure the full impact of the rule but not more than 10 years after the effective date of the rule, under which the agency shall conduct the assessment of the rule in accordance with paragraph (2)(A).
  - (2) Assessment
    - (A) In general
      - Each agency shall assess the data collected under paragraph (1)(B)(iii), using the methodology set forth in paragraph (1)(B)(ii) or any other appropriate methodology developed after the issuance of a final major rule to better determine whether the regulatory objective was achieved, with respect to the rule—
        
        (i) to analyze how the actual benefits and costs of the rule may have varied from those anticipated at the time the rule was issued; and
        
        (ii) to determine whether—
        
        the rule is accomplishing the regulatory objective of the rule;
        
        the rule has been rendered unnecessary, taking into consideration—
        
        changes in the subject area affected by the rule; and
        
        whether the rule overlaps, duplicates, or conflicts with—
        
        other rules; or
        
        to the extent feasible, State and local government regulations;
        
        the rule needs to be modified in order to accomplish the regulatory objective; and
        
        other alternatives to the rule or modification of the rule could better achieve the regulatory objective while imposing a smaller burden on society or increase cost-effectiveness, taking into consideration any cost already incurred.
    - (B) Different methodology
- (l) Authorities and responsibilities of the Office of Information and Regulatory Affairs
  - (1) In general
    - The Administrator shall provide meaningful guidance and oversight, which may include review by the Office of Information and Regulatory Affairs, to ensure that each agency issues rules in accordance with the requirements under this section and other applicable law and do not conflict with the policies or actions of another agency.
  - (2) Notification
    - If the Administrator determines that a major rule of an agency does not comply with the principles and requirements of this section, is not consistent with other applicable laws, or conflicts with the policies or actions of another agency, the Administrator shall—
      - identify areas of noncompliance;
      - notify the agency; and
      - request that the agency comply before the agency finalizes the major rule concerned.
  - (3) Annual statement to Congress on agency compliance
    - The Administrator shall submit to Congress, including the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, an annual written report that, for the 1-year period preceding the report—
      - details compliance by each agency with the requirements of this section that relate to major rules, including activities undertaken at the request of the Administrator to improve compliance; and
      - contains an appendix detailing compliance by each agency.
- (m) Rule of construction
  - Nothing in this section shall be construed to limit the scope of the authority of the Office of Information and Regulatory Affairs under subchapter I of of title 44, section 515 of the Treasury and General Government Appropriations Act, 2001 (; 114 Stat. 2763A–154), chapter 8 of this title, or any other law or Executive Order. chapter 35; Public Law 106–554
by striking subsections (b) through (e) and inserting the following:

SEC. 4. Scope of review

Section 706 of title 5, United States Code, is amended—

in the first sentence of the matter preceding paragraph (1), by striking and inserting the following:
- (a) In general
  - To the extent necessary
in subsection (a), as so designated—
- in paragraph (1), by striking and at the end;
- in paragraph (2), in the matter preceding subparagraph (A), by inserting after ; and
  - (b) Review of entire record; prejudicial error
    - In making a determination under subsection (a), the court shall review the whole record or those parts of the record cited by a party, and due account shall be taken of the rule of prejudicial error.
  - (c) Preclusion of review
    - (1) In general
      - Any action or inaction of the Administrator under subchapter II of chapter 5, except sections 552 and 552a, shall not be subject to judicial review.
    - (2) Rule of construction
      - The preclusion of judicial review under this subsection shall not be construed or used to construe any other provision of law to provide any cause of action against the Administrator, except as explicitly provided by law.
  - (d) Review of certain guidance
    - Agency guidance that does not interpret a statute or rule may be reviewed only under subsection (a)(2)(D).
  - (e) Agency interpretation of rules
    - (1) Standard of review
      - Unless expressly required otherwise by statute, the reviewing court shall decide all questions of law de novo, with due regard for the views of the agency administering the statute and any other agency involved in the decision making process.
      - Standard of review
    - (2) Weight
      - The weight that a reviewing court gives an interpretation by an agency of a rule of that agency shall depend on the thoroughness evident in the consideration of the rule by the agency, the validity of the reasoning of the agency, and the consistency of the interpretation with earlier and later pronouncements.
      - Weight
- by striking the flush text following paragraph (2)(F) and inserting the following:

SEC. 8. Technical and conforming amendments

(a) Alaska national interest lands conservation act

Section 1002(g)(2) of the Alaska National Interest Lands Conservation Act () is amended, in the third sentence, by striking section 706(2)(E)and inserting section 706(a)(2)(E). 16 U.S.C. 3142(g)(2)

(b) Antarctic marine living resources convention act of 1984

The Antarctic Marine Living Resources Convention Act of 1984 () is amended— 16 U.S.C. 2431 et seq.
- in section 307(b)(1) (), by striking subsections (b), (c), and (d)and inserting subsections (c) and (g); and 16 U.S.C. 2436(b)(1)
- in section 308(c), in the third sentence, by striking section 706(2)(E)and inserting section 706(a)(2)(E).

Section 6(c)(2)(B) of the Atlantic Tunas Convention Act of 1975 () is amended by striking subsections (b) and (c) of section 553and inserting section 553(c). 16 U.S.C. 971d(c)(2)(B)

(d) CARES Act

Section 1114 of the CARES Act () is amended by striking section 553(b)and inserting section 553(c). 15 U.S.C. 9012

(e) Clean Air Act

Section 307(d)(3) of the Clean Air Act () is amended by striking section 553(b)and inserting section 553(c). 42 U.S.C. 7607(d)(3)

(f) Congressional accountability act of 1995

The Congressional Accountability Act of 1995 () is amended— 2 U.S.C. 1301 et seq.
- in section 303(b) (), in the second sentence, by striking section 553(b)and inserting section 553(c); 2 U.S.C. 1383(b)
- in section 304 ()— 2 U.S.C. 1384
  - in subsection (b)(1), by striking section 553(b)and inserting section 553(c);
  - in subsection (d)(3), by striking section 553(d)(3)and inserting section 553(g)(2); and
  - in subsection (e), by striking section 553(b)(B)and inserting section 553(f); and
- in section 409 (), in the first sentence— 2 U.S.C. 1409
  - by striking section 706(2)and inserting section 706(a)(2); and
  - by striking section 706(2)(B)and inserting section 706(a)(2)(B).

(g) Consumer product safety act

Section 9(i) of the Consumer Product Safety Act () is amended, in the first sentence, by striking section 553(e)and inserting section 553(h). 15 U.S.C. 2058(i)

(h) Deep seabed hard mineral resources act

H.R. 3525

Table of contents

SEC. 1. Short title

SEC. 2. Definitions

SEC. 3. Rulemaking

SEC. 4. Scope of review

SEC. 5. Added definitions

SEC. 6. Application

SEC. 7. Rule of construction with respect to copyrights

SEC. 8. Technical and conforming amendments