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US HR2122

US HR2122
Regulatory Accountability Act of 2013


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

113th Congress

Bill Summary

Regulatory Accountability Act of 2013 - Amends the Administrative Procedure Act to revise and expand the requirements for federal agency rulemaking by requiring agencies, in making a rule, to base all preliminary and final factual determinations on evidence and to consider the legal authority under which the rule may be proposed, the specific nature and significance of the problem the agency may address with the rule, any reasonable alternatives for the rule, and the potential costs and benefits associated with such alternatives. Requires agencies to publish advance notice of proposed rulemaking for major rules and for high-impact rules (rules having an annual cost on the economy of $100 million or $1 billion or more, respectively) and for rules that involve a novel legal or policy issue arising out of statutory mandates, which shall include a written statement identifying the nature and significance of the problem the agency may address with a rule, the legal authority under which the rule may be proposed, the nature of and potential reasons to adopt a novel legal or policy position, and a solicitation for written data, views, or arguments from interested persons. Sets forth criteria for issuing major guidance (agency guidance that is likely to lead to an annual cost on the economy of $100 million or more, a major increase in cost or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or ability to compete) or guidance that involves a novel legal or policy issue arising out of statutory mandates. Expands the scope of judicial review of agency rulemaking by allowing immediate review of rulemaking not in compliance with notice requirements and establishing a substantial evidence standard for affirming agency rulemaking decisions.

AI Summary

This bill, the Regulatory Accountability Act of 2013, aims to reform how federal agencies create regulations and guidance documents by requiring them to base all factual decisions on evidence and to thoroughly consider legal authority, the significance of the problem being addressed, reasonable alternatives, and the costs and benefits of those alternatives. For significant rules, defined as those costing the economy $100 million or more annually (major rules) or $1 billion or more annually (high-impact rules), and for rules involving novel legal or policy issues, agencies must publish an advance notice of proposed rulemaking detailing the problem, legal basis, potential new approaches, and solicit public input. The bill also sets criteria for "major guidance," which is guidance likely to have substantial economic impacts, and expands judicial review of agency rulemaking, allowing for immediate review of procedural violations and requiring courts to use a "substantial evidence" standard when upholding agency decisions.

Committee Categories

Justice

Sponsors (24)

Last Action

Placed on the Union Calendar, Calendar No. 172. (on 09/28/2013)

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