There are 2 versions of this bill. View text

Click the check-box to add or remove the section, click the text link to scroll to that section.
Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (3)

Short Titles

Short Titles - Senate

Short Titles as Reported to Senate

Regulatory Accountability Act of 2017

Short Titles as Introduced

Regulatory Accountability Act of 2017

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to reform the process by which Federal agencies analyze and formulate new regulations and guidance documents, and for other purposes.


Actions Overview (2)

Date
02/14/2018 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.
04/26/2017 Introduced in Senate

All Actions (4)

Date
02/14/2018 Placed on Senate Legislative Calendar under General Orders. Calendar No. 312.
Action By: Senate
02/14/2018 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.
Action By: Committee on Homeland Security and Governmental Affairs
05/17/2017 Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Action By: Committee on Homeland Security and Governmental Affairs
04/26/2017 Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Action By: Senate

Cosponsors (9)

* = Original cosponsor
CosponsorDate Cosponsored
Sen. Heitkamp, Heidi [D-ND]* 04/26/2017
Sen. Hatch, Orrin G. [R-UT]* 04/26/2017
Sen. Manchin, Joe, III [D-WV]* 04/26/2017
Sen. Paul, Rand [R-KY] 05/17/2017
Sen. Johnson, Ron [R-WI] 06/27/2017
Sen. Strange, Luther [R-AL] 09/07/2017
Sen. Lankford, James [R-OK] 09/27/2017
Sen. Fischer, Deb [R-NE] 09/27/2017
Sen. Scott, Tim [R-SC] 02/06/2018

Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
Senate Homeland Security and Governmental Affairs04/26/2017 Referred to
05/17/2017 Markup by
02/14/2018 Reported by S. Rept. 115-208

As of 02/22/2018 no related bill information has been received for S.951 - Regulatory Accountability Act of 2017.


Subjects (13)

  • Administrative law and regulatory procedures
  • Advanced technology and technological innovations
  • Competition and antitrust
  • Competitiveness, trade promotion, trade deficits
  • Economic performance and conditions
  • Government information and archives
  • Industrial policy and productivity
  • Inflation and prices
  • Judicial review and appeals
  • Office of Management and Budget (OMB)
  • Performance measurement
  • Unemployment

Latest Summary (1)

There is one summary for S.951. View summaries

Shown Here:
Introduced in Senate (04/26/2017)

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:

  • publish a notice of initiation of rulemaking to invite interested parties to propose alternatives and ideas that accomplish the agency's objectives and benefit the public;
  • 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 most cost-effective rule among reasonable alternatives that meet statutory objectives, unless additional benefits justify additional costs; and
  • publish a framework and metrics for measuring the effectiveness of the rule on an ongoing basis.

The bill defines:

  • a "high-impact rule" as a rule likely to cause an annual effect on the economy of $1 billion or more; and
  • a "major rule" as a rule likely to cause an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

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.