[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 148 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 148
To prohibit the use of non-monetized or unqualified factors for
regulatory analyses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 17, 2025
Ms. Ernst (for herself and Mr. Lankford) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit the use of non-monetized or unqualified factors for
regulatory analyses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulations Evaluated to Determine
The Anticipated Price and Effect Act'' or the ``RED TAPE Act''.
SEC. 2. FINDINGS.
Congress finds that agencies must prioritize tangible, immediately
quantifiable monetary benefits in their decision making processes,
ensuring regulatory actions yield clear and measurable financial
benefits to the public and private sectors while minimizing unnecessary
regulatory costs or burdens.
SEC. 3. PROHIBITION ON NET BENEFIT DISCOUNTS; CONSIDERATION OF
REGULATORY IMPACT ANALYSES.
(a) In General.--Chapter 6 of title 5, United States Code, is
amended--
(1) in section 601--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(8) the term `benefit-cost analysis' has the meaning
given the term in Office of Management and Budget Circular A-
94, as revised on November 9, 2023, or any successor revision;
and
``(9) the term `regulatory impact analysis' means a
regulatory analysis described in--
``(A) Executive Order 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review);
``(B) Executive Order 13563 (5 U.S.C. 601 note;
relating to improving regulation and regulatory
review);
``(C) Executive Order 14094 (88 Fed. Reg. 21879;
relating to modernizing regulatory review);
``(D) Office of Management and Budget Circular No.
A-4, as revised on November 9, 2023, or any successor
revision; or
``(E) Office of Management and Budget Circular No.
A-94, as revised on November 9, 2023, or any successor
revision.''; and
(2) by adding at the end the following:
``Sec. 613. Prohibition on use of non-monetized or unqualified factors
for regulatory analyses
``(a) Agency Prohibition.--An agency may not consider any non-
monetized or unquantified factor when conducting a regulatory impact
analysis or benefit-cost analysis on any proposed rule, final rule, or
interim final rule.
``(b) OMB Prohibition.--The Office of Management and Budget may
not--
``(1) authorize in any manner, such as in issuing guidance,
a memorandum, a directive, or a rule that permit or endorse the
analysis or use of any non-monetized or unquantified factor
when conducting a regulatory impact analysis or benefit-cost
analysis on any proposed rule, final rule, or interim final
rule; or
``(2) consider any non-monetized or unquantified factor
presented in a regulatory impact analysis or benefit-cost
analysis of another agency.
``(c) Public Transparency.--Each agency shall publish in the
Federal Register, with respect to and along with each proposed rule,
final rule, or interim final rule--
``(1) a summary of each regulatory impact analysis and
benefit-cost analysis conducted by the agency;
``(2) the text of each regulatory impact analysis and
benefit-cost analysis conducted by the agency, including a
disclosure of the methodology and specific analyses used by the
agency in estimating economic impacts, and the determination
and rationale of such economic impact analyses; and
``(3) any additional information of the agency relevant to
the regulatory impact and benefit-cost analyses conducted by
the agency, such as the decision-making processes of the
agency.
``(d) Regulatory Guidance.--Not later than 90 days after the date
of enactment of this section, the Director of the Office of Management
and Budget shall issue revised guidance to agencies to ensure
compliance with the provisions of this section.
``(e) Judicial Review.--
``(1) In general.--Any party affected by a rule issued by
an agency that considered a non-monetized or unquantified
factor when conducting a regulatory impact or benefit-cost
analysis in violation of this section may bring a civil action
against the agency to challenge the rule in a district court of
the United States.
``(2) Invalidation of regulation.--If the court finds that
an agency relied upon non-monetized or unquantified factors to
evaluate a final rule or interim final rule in contravention of
this section, the court shall declare the rule invalid.
``(3) Statute of limitations.--This subsection shall apply
with respect to any rule issued by an agency on or after
November 9, 2023.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 6 of title 5, United States Code, is amended by adding at the
end the following:
``613. Prohibition on use of non-monetized or unquantified factors for
regulatory analyses.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by section 3 shall take effect on the date that
is 30 days after the date of enactment of this Act.
<all>