I
119THCONGRESS
1
STSESSION H. R. 572
To prohibit the use of non-monetized or unqualified factors for regulatory
analyses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY21, 2025
Mr. S
ESSIONS(for himself and Ms. HAGEMAN) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Small Business, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Regulations Evaluated 4
to Determine The Anticipated Price and Effect Act’’ or 5
the ‘‘RED TAPE Act’’. 6
SEC. 2. FINDINGS. 7
Congress finds that agencies must prioritize tangible, 8
immediately quantifiable monetary benefits in their deci-9
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sion making processes, ensuring regulatory actions yield 1
clear and measurable financial benefits to the public and 2
private sectors while minimizing unnecessary regulatory 3
costs or burdens. 4
SEC. 3. PROHIBITION ON NET BENEFIT DISCOUNTS; CON-5
SIDERATION OF REGULATORY IMPACT ANAL-6
YSES. 7
(a) I
NGENERAL.—Chapter 6 of title 5, United 8
States Code, is amended— 9
(1) in section 601— 10
(A) in paragraph (6), by striking ‘‘and’’ at 11
the end; 12
(B) in paragraph (7), by striking the pe-13
riod at the end and inserting a semicolon; 14
(C) in paragraph (8)— 15
(i) by striking ‘‘R
ECORDKEEPING RE-16
QUIREMENT.—T’’ and inserting ‘‘the’’; and 17
(ii) by striking the period at the end 18
and inserting a semicolon; and 19
(D) by adding at the end the following: 20
‘‘(9) the term ‘benefit-cost analysis’ has the 21
meaning given the term in Office of Management 22
and Budget Circular A–94, as revised on November 23
9, 2023, or any successor revision; and 24
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‘‘(10) the term ‘regulatory impact analysis’ 1
means a regulatory analysis described in— 2
‘‘(A) Executive Order 12866 (5 U.S.C. 3
601 note; relating to regulatory planning and 4
review); 5
‘‘(B) Executive Order 13563 (5 U.S.C. 6
601 note; relating to improving regulation and 7
regulatory review); 8
‘‘(C) Executive Order 14094 (88 Fed. Reg. 9
21879; relating to modernizing regulatory re-10
view); 11
‘‘(D) Office of Management and Budget 12
Circular No. A–4, as revised on November 9, 13
2023, or any successor revision; or 14
‘‘(E) Office of Management and Budget 15
Circular No. A–94, as revised on November 9, 16
2023, or any successor revision.’’; and 17
(2) by adding at the end the following: 18
‘‘§ 613. Prohibition on use of non-monetized or un-19
qualified factors for regulatory analyses 20
‘‘(a) A
GENCYPROHIBITION.—An agency may not 21
consider any non-monetized or unquantified factor when 22
conducting a regulatory impact analysis or benefit-cost 23
analysis on any proposed rule, final rule, or interim final 24
rule. 25
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‘‘(b) OMB PROHIBITION.—The Office of Manage-1
ment and Budget may not— 2
‘‘(1) authorize in any manner, such as in 3
issuing guidance, a memorandum, a directive, or a 4
rule that permit or endorse the analysis or use of 5
any non-monetized or unquantified factor when con-6
ducting a regulatory impact analysis or benefit-cost 7
analysis on any proposed rule, final rule, or interim 8
final rule; or 9
‘‘(2) consider any non-monetized or 10
unquantified factor presented in a regulatory impact 11
analysis or benefit-cost analysis of another agency. 12
‘‘(c) P
UBLICTRANSPARENCY.—Each agency shall 13
publish in the Federal Register, with respect to and along 14
with each proposed rule, final rule, or interim final rule— 15
‘‘(1) a summary of each regulatory impact anal-16
ysis and benefit-cost analysis conducted by the agen-17
cy; 18
‘‘(2) the text of each regulatory impact analysis 19
and benefit-cost analysis conducted by the agency, 20
including a disclosure of the methodology and spe-21
cific analyses used by the agency in estimating eco-22
nomic impacts, and the determination and rationale 23
of such economic impact analyses; and 24
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‘‘(3) any additional information of the agency 1
relevant to the regulatory impact and benefit-cost 2
analyses conducted by the agency, such as the deci-3
sion-making processes of the agency. 4
‘‘(d) R
EGULATORYGUIDANCE.—Not later than 90 5
days after the date of enactment of this section, the Direc-6
tor of the Office of Management and Budget shall issue 7
revised guidance to agencies to ensure compliance with the 8
provisions of this section. 9
‘‘(e) J
UDICIALREVIEW.— 10
‘‘(1) I
N GENERAL.—Any party affected by a 11
rule issued by an agency that considered a non-mon-12
etized or unquantified factor when conducting a reg-13
ulatory impact or benefit-cost analysis in violation of 14
this section may bring a civil action against the 15
agency to challenge the rule in a district court of the 16
United States. 17
‘‘(2) I
NVALIDATION OF REGULATION .—If the 18
court finds that an agency relied upon non-mone-19
tized or unquantified factors to evaluate a final rule 20
or interim final rule in contravention of this section, 21
the court shall declare the rule invalid. 22
‘‘(3) A
PPLICATION.—This subsection shall 23
apply with respect to any rule issued by an agency 24
on or after November 9, 2023.’’. 25
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(b) TECHNICAL AND CONFORMINGAMENDMENT.— 1
The table of sections for chapter 6 of title 5, United States 2
Code, is amended by adding at the end the following: 3
‘‘613. Prohibition on use of non-monetized or unquantified factors for regulatory
analyses.’’.
SEC. 4. EFFECTIVE DATE.
4
The amendments made by section 3 shall take effect 5
on the date that is 30 days after the date of enactment 6
of this Act. 7
Æ
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