Regulatory Accountability Act of 2017
This bill codifies and revises 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by statute or is within the discretion of the agency, (2) whether existing federal laws or rules could be amended or rescinded to address the problem, and (3) reasonable alternatives for a new rule.
For major or high-impact rules, an agency must:
The bill defines:
Agencies proposing a rule must notify the Office of Information and Regulatory Affairs (OIRA) and publish a notice of proposed rulemaking that includes: (1) a text of the proposed rule; (2) rulemaking considerations; and (3) for any major rule or high-impact rule, a discussion of alternatives and a preliminary explanation of how the rules meets statutory objectives and how benefits justify costs. When adopting a rule, an agency must publish a notice of final rulemaking that explains its determinations and responds to comments.
To obtain public comment on whether rules adopted at the end of a presidential administration should be amended or rescinded, agencies may delay rules that have not yet become effective before the inauguration of a new President.
OIRA must establish rulemaking guidelines for: (1) assessing costs and benefits, economic issues, and risk assessments; and (2) avoiding inconsistency or duplication with other agency rules.
The bill revises the scope of judicial review to: (1) establish a substantial evidence standard for high-impact rules, (2) allow courts to remand a matter to an agency without setting aside the agency's action, and (3) prohibit review of a determination of whether a rule is a major rule based on an increase in costs or adverse effects.
Agencies issuing guidance are: (1) prohibited from foreclosing consideration of issues, (2) required to state that guidance is not legally binding, and (3) required to confer with OIRA on major guidance.
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-208. Minority views filed.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-208. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 312.
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