[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3525
To improve agency rulemaking, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2025
Ms. Van Duyne introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve agency rulemaking, 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 ``Regulatory Accountability Act''.
SEC. 2. DEFINITIONS.
Section 551 of title 5, United States Code, is amended--
(1) in paragraph (5), by striking ``rule making'' and
inserting ``rulemaking'';
(2) in paragraph (6), by striking ``rule making'' and
inserting ``rulemaking'';
(3) in paragraph (13), by striking ``and'' at the end;
(4) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(15) `guidance' means an agency statement of general
applicability that--
``(A) is not intended to have the force and effect
of law; and
``(B) sets forth a policy on a statutory,
regulatory, or technical issue or an interpretation of
a statutory or regulatory issue;
``(16) `major guidance' means guidance that the
Administrator finds is--
``(A) likely to lead to--
``(i) any annual effect on the economy;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, local, or Tribal government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, public health and
safety, or the ability of United States-based
enterprises to compete with foreign-based
enterprises in domestic and export markets; or
``(B) a departure from a prior statutory
interpretation or agency policy;
``(17) `major rule' means any rule that the Administrator
determines is likely to--
``(A) cause an annual effect on the economy of
$100,000,000 or more;
``(B) cause a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or Tribal government agencies, or geographic
regions;
``(C) cause significant adverse effects on
competition, employment, investment, productivity,
innovation, public health and safety, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets; or
``(D) raise novel legal or policy issues arising
out of legal mandates;
``(18) `Office of Information and Regulatory Affairs' means
the office established under section 3503 of title 44 and any
successor to that office; and
``(19) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs.''.
SEC. 3. RULEMAKING.
Section 553 of title 5, United States Code, is amended--
(1) in the section heading, by striking ``Rule making'' and
inserting ``Rulemaking'';
(2) in subsection (a), by striking ``(a) This section
applies'' and inserting the following:
``(a) Applicability.--This section applies''; and
(3) by striking subsections (b) through (e) and inserting
the following:
``(b) Rulemaking Considerations.--In a rulemaking, an agency shall
consider, in addition to other applicable considerations, the
following:
``(1) 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.
``(2) The nature and significance of the problem the agency
intends to address with a rule.
``(3) 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.
``(4) A reasonable number of alternatives for or to a new
rule, with the consideration of 3 alternatives presumed to be
reasonable, that--
``(A) 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
``(B) 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.
``(5) 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--
``(A) the direct costs and benefits, with costs and
benefits measured over equal time periods;
``(B) the nature and degree of risks addressed by
the rule and the countervailing risks that might be
posed by agency action; and
``(C) 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--
``(A) submit a notice of proposed rulemaking to the
Administrator for review;
``(B) refrain from publishing the notice until the
Administrator concludes the review under subparagraph
(A); and
``(C) 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--
``(I) a reasoned preliminary
explanation regarding how--
``(aa) the proposed rule
meets the objectives of the
statutory provision on which
the rulemaking relies; and
``(bb) the benefits of the
proposed rule justify the
costs;
``(II) a discussion of--
``(aa) the costs and
benefits of alternatives
considered by the agency under
subsection (b)(4);
``(bb) whether the
alternatives considered by the
agency under subsection (b)(4)
meet the objectives of the
statutory provision on which
the rulemaking relies; and
``(cc) the reasons why the
agency did not propose an
alternative considered by the
agency under subsection (b)(4);
and
``(III) 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
``(ii) considered made accessible to the
public after a placement described in clause
(i), provided that the nongovernmental person
who holds a legal right to prohibit or limit
reproduction, distribution, or public display
of the information makes the information
reasonably available upon request in a timely
manner to any member of the public who requests
a copy of the information.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply with respect to information that is exempt
from disclosure under section 552(b).
``(3) Information quality.--If an agency proposes a rule
that rests upon scientific, technical, or economic information,
the agency shall--
``(A) propose the rule on the basis of the best
publicly available scientific, technical, or economic
information; and
``(B) to the maximum extent practicable, use that
information in compliance with the guidelines issued
under section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-
554; 114 Stat. 2763A-154).
``(4) Public comment.--
``(A) In general.--After publishing a notice of
proposed rulemaking under paragraph (1), an agency
shall provide interested persons an opportunity to
participate in the rulemaking through the submission of
written material, data, views, or arguments with or
without opportunity for oral presentation, except that
when a rule is required by statute to be made on the
record after opportunity for an agency hearing,
sections 556 and 557 shall apply.
``(B) Timeline.--
``(i) In general.--Subject to subparagraph
(C), an agency shall provide not less than 60
days, or, with respect to a proposed major
rule, not less than 90 days, for interested
persons to submit written material, data,
views, or arguments under subparagraph (A).
``(ii) Adequate review period.--If a
proposed rule relies on information placed in
the docket through citation or incorporation by
reference as described in paragraph (3)(B), the
comment period required under clause (i) shall
be adequate to allow interested persons to
receive and review that information to inform
their submission.
``(C) Responsive comment period for major rules.--
With respect to a proposed major rule, an interested
person who made a submission under subparagraph (A)
during the comment period under subparagraph (B) with
respect to the rule may, during the period beginning on
the day after the date on which that comment period
closes and ending on the date that is 30 days after
that day, respond to any other submission made by any
other interested person under subparagraph (A) during
the initial comment period.
``(D) Accessibility.--All comments and responses
submitted under this paragraph shall be promptly placed
in the docket and made accessible to the public.
``(5) Change of classification after publication of
notice.--If, after an agency submits for review and publishes
the notice of proposed rulemaking required under paragraph (1),
a proposed rule is determined to be a major rule, the agency
shall--
``(A) publish a notice in the Federal Register with
respect to the change of the classification of the
rule; and
``(B) allow interested persons an additional
opportunity of not less than 30 days to comment on--
``(i) the rule; and
``(ii) the change of the classification of
the rule.
``(6) Requirements for certain communications.--
``(A) Prohibition.--Except as provided in
subparagraph (C), after an agency publishes a notice of
proposed rulemaking required under paragraph (1), or
after an agency publishes a notice of initiation of
rulemaking under subsection (d)(1)(B), the agency, and
any individual acting in an official capacity on behalf
of the agency, may not communicate, and a person who
receives Federal funds from the agency may not use
those funds to communicate, through written, oral,
electronic, or other means, to the public with respect
to the proposed rule in a manner that--
``(i) directly advocates, in support of or
against the proposed rule, for the submission
of information that will form part of the
record for the proposed rule;
``(ii) appeals to the public, or solicits a
third party, to undertake advocacy in support
of or against the proposed rule; or
``(iii) is directly or indirectly for the
purpose of publicity or propaganda within the
United States in a manner that Congress has not
authorized.
``(B) Ex parte communications.--All ex parte
communications between an agency and any stakeholder
that may benefit from a proposed rule of the agency
shall be published in the Federal Register with the
notice of proposed rulemaking for that rule.
``(C) Exception.--The prohibition under
subparagraph (A) shall not apply to a communication
that requests comments on, or provides information
regarding, a proposed rule in an impartial manner.
``(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--
``(A) establish an electronic docket for that
rulemaking, which may have a physical counterpart; and
``(B) publish an advanced notice of proposed
rulemaking in the Federal Register, which shall