summary
Introduced
01/03/2017
01/03/2017
In Committee
01/05/2017
01/05/2017
Crossed Over
Passed
Dead
12/31/2018
12/31/2018
Introduced Session
115th Congress
Bill Summary
Regulatory Accountability Act of 2017 This bill 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. The bill requires agencies to publish advance notice of proposed rulemaking in the Federal Register 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 negative-impact on jobs and wages rules and those that involve a novel legal or policy issue arising out of statutory mandates. The notice must 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. Additionally, the bill: (1) 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; and (2) 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 2017, would reform the federal rulemaking process by:
- Expanding the requirements for agencies to consider evidence, legal authority, the nature and significance of the problem, alternatives, and potential costs and benefits when making new rules.
- Requiring agencies to provide advance notice and public comment opportunities for major rules, high-impact rules (over $1 billion in annual cost), negative-impact on jobs and wages rules, and rules involving novel legal or policy issues.
- Establishing procedures for hearings on high-impact rules, allowing for cross-examination and consideration of alternatives.
- Setting criteria for issuing "major guidance" documents and allowing for judicial review of agency guidance.
- Increasing the scope of judicial review of agency rulemaking, including review of agency cost-benefit analyses.
The bill aims to increase transparency, public participation, and analytical rigor in the federal regulatory process.
Committee Categories
Justice
Sponsors (6)
Bob Goodlatte (R)*,
Trent Franks (R),
Tom Marino (R),
Collin Peterson (D),
Pete Sessions (R),
Lamar Smith (R),
Last Action
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. (on 01/05/2017)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/115th-congress/house-bill/45/all-info |
| BillText | https://www.congress.gov/115/bills/hr45/BILLS-115hr45ih.pdf |
| Bill | https://www.congress.gov/115/bills/hr45/BILLS-115hr45ih.pdf.pdf |
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