S.1708 - Regulatory Accountability Act (119th Congress)
Summary
The Regulatory Accountability Act aims to improve agency rulemaking processes by amending Title 5 of the United States Code. It introduces new definitions for terms like 'guidance,' 'major guidance,' and 'major rule,' establishing thresholds and criteria for regulatory actions. The bill emphasizes considerations for rulemaking, including legal authority, problem significance, and alternative solutions.
Expected Effects
The likely effect of this act is increased scrutiny and analysis of proposed rules, particularly major rules, leading to potentially longer rulemaking timelines. Agencies will be required to conduct more thorough cost-benefit analyses and consider a wider range of alternatives. The Office of Information and Regulatory Affairs (OIRA) will have expanded oversight, ensuring agency compliance and consistency in rulemaking.
Potential Benefits
- Enhanced transparency in the rulemaking process through increased public access to information and data.
- More thorough cost-benefit analyses, potentially leading to more efficient and effective regulations.
- Greater consideration of alternative approaches to regulation, fostering innovation and flexibility.
- Improved consistency and coordination among agencies in rulemaking.
- Periodic assessment of major rules to ensure they continue to meet their objectives.
Potential Disadvantages
- Increased complexity and length of the rulemaking process, potentially delaying or preventing the implementation of necessary regulations.
- Expanded OIRA oversight could lead to political interference in agency decision-making.
- The emphasis on cost-benefit analysis may undervalue non-quantifiable benefits, such as environmental protection or social equity.
- The act could disproportionately burden smaller agencies with limited resources.
- The act's provisions could be interpreted to create additional hurdles for agencies seeking to address urgent public health or safety concerns.
Constitutional Alignment
The Regulatory Accountability Act primarily affects the administrative procedures agencies must follow when creating regulations. Article I, Section 1 of the Constitution vests legislative powers in Congress, and Congress has the authority to delegate rulemaking authority to agencies. This act seeks to refine the process by which agencies exercise that delegated authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).