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Adds new paragraphs (15) and (16) to define 'Administrator' as the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget and to define 'major rule' with specified criteria (including an annual economic effect threshold of $100,000,000 or more and other enumerated effects).
Adds subsection (f) 'Major rule frameworks' establishing requirements for agencies to include assessment frameworks with proposed and final major rules, methodologies and data-gathering plans, assessment procedures, publication deadlines, agency head responsibilities, OIRA oversight and guidance, exemptions, limited judicial review, and related timelines and procedures.
Requires federal agencies to create, publish, and carry out plans to review their "major" rules and to assess those rules after they take effect. The Office of Management and Budget (through a defined "Administrator") gets oversight authority, agencies must meet deadlines and public-reporting requirements, some narrow exemptions are allowed, funding is authorized to implement the program, and judicial review of agency compliance is limited.
Amend Subchapter II of title 5, United States Code by changing section 551 (definitions) and adding a new subsection (f) to section 553 (major rule frameworks).
Defines "Administrator" to mean the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget and any successor.
Defines "major rule" as a rule that the Administrator finds results in or is likely to result in (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, industries, government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or U.S.-based enterprises' ability to compete abroad.
On and after 1 year after enactment, agencies publishing a proposed rule they reasonably expect will be a major rule must include a potential framework for assessing the implemented rule, including a general statement of how effectiveness will be measured.
With respect to any final major rule published in the Federal Register (including a rule not initially expected to be major), agencies must include a framework for assessing the major rule that contains: (i) a statement of regulatory objectives and a summary of societal benefit and cost; (ii) the methodology to analyze qualitative and quantitative outcomes to assess effectiveness and effects/costs on regulated and other affected entities; (iii) a plan for gathering data, including public input, on an ongoing or periodic basis; and (iv) a time frame (as appropriate, but not more than 10 years after the rule's effective date) under which the agency will conduct the assessment.
Primary effects fall on federal executive agencies required to plan, assess, and report on major rules. Agencies will need to reallocate staff time and possibly secure new resources to meet planning, assessment, and public‑reporting deadlines; the authorized funding may offset some of those costs. OMB and the designated Administrator gain centralized oversight authority, which may change how agencies coordinate and sequence rule reviews. Regulated entities and the public benefit from more transparency about whether major rules achieve their intended outcomes, which can inform compliance and policy debates. Limiting judicial review reduces litigation avenues for challengers seeking to enforce these procedural requirements, shifting much of the dispute resolution to administrative oversight rather than courts. Overall, the measure increases administrative oversight and transparency while changing the balance between agency procedures, centralized review, and judicial enforcement.
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced January 13, 2025 by James Lankford · Last progress January 13, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate