Us Congress 2023-2024 Regular Session

Us Congress House Bill HB442

Introduced
1/20/23  

Caption

Regulatory Accountability Act This bill expands and provides statutory authority for notice-and-comment rulemaking procedures to require federal agencies to consider (1) whether a rulemaking is required by statute or is within the discretion of the agency, (2) whether existing laws or rules could be amended or rescinded to address the problem, and (3) reasonable alternatives to a new rule. For proposed major or high-impact rules that have a specified significant economic impact or adverse effect on the public health or safety, an agency must publish notice of such rulemaking to invite interested parties to propose alternatives and ideas to accomplish the agency's objectives; allow persons interested in high-impact or certain major rules to petition for a public hearing with oral presentation, cross-examination, and the burden of proof on the proponent of the rule; adopt the rule that maximizes net benefits within the scope of the statutory provision authorizing the rule, unless the agency explains the costs and benefits that justify adopting an alternative rule and such rule is approved by the Office of Information and Regulatory Affairs (OIRA); and publish a framework and metrics for measuring the ongoing effectiveness of the rule. Agencies must notify OIRA with certain information about a proposed rulemaking, including specified discussion and preliminary explanations concerning a major or high-impact rule. Further, OIRA must establish certain rulemaking guidelines. Additionally, the bill (1) revises the scope of judicial review of agency actions, and (2) establishes requirements for agencies issuing guidance.

Impact

If enacted, HB 442 would significantly change how federal agencies develop and implement rules by requiring them to provide concrete evidence of the necessity of new regulations. The bill prioritizes efficiency and transparency, mandating that agencies publish clear performance metrics to evaluate the effectiveness of rules over time. Furthermore, it allows public participation that aims to democratize the rulemaking process, potentially leading to more balanced regulations that take a variety of public interests into account.

Summary

House Bill 442, known as the Regulatory Accountability Act, aims to enhance the process of agency rulemaking by establishing more rigorous standards for federal agencies when proposing new rules. The bill mandates that agencies must consider whether a new rule is necessary or if existing regulations can be adjusted to solve the intended problem. Additionally, it introduces requirements for public engagement, allowing interested parties to propose alternatives to new rules and inviting them to public hearings for major or high-impact rules.

Contention

The bill has generated debate among lawmakers and stakeholders regarding the implications of increasing regulatory scrutiny. Proponents argue that the heightened standards will prevent unnecessary regulations that could burden businesses and the economy, while opponents caution that these measures may hinder timely regulatory responses necessary to address urgent public health or safety issues. Some critics also express concern that increased agency oversight could excessively complicate the regulatory process, leading to delays and inefficiencies.

Companion Bills

US SB1615

Related bill Regulatory Accountability Act

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