HR 3525119th CongressIn Committee

Regulatory Accountability Act

Introduced: May 20, 2025

Economy & Taxes

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Regulatory Accountability Act aims to overhaul federal agency rulemaking and guidance by tightening review, increasing transparency, and emphasizing quantitative and qualitative assessment of costs and benefits. It expands the leadersh ip role of the Office of Information and Regulatory Affairs (OIRA) in reviewing proposed rules and new guidance, broadens definitions around what counts as a major rule or major guidance, and requires agencies to provide more data, alternatives, and public input throughout the process. The bill also creates stricter timelines, requires a formal net-benefit analysis for major rules, and strengthens public access to information used in rulemaking. Taken together, the measure is designed to make federal rulemaking more deliberative, data-driven, and publicly accessible, but it would likely slow the pace of certain rulemakings and increase the administrative burden on agencies.

Key Points

1Definitions and scope changes: Replaces references to “rule making” with “rulemaking”; adds definitions for “guidance,” “major guidance,” and “major rule,” with major rules defined by significant economic effects, costs, or policy implications, including a $100 million threshold and other criteria.
2Strengthened OIRA review: Requires the Administrator of the Office of Information and Regulatory Affairs to review notices of proposed rulemaking and related materials before publication, and to certify review conclusions before agencies proceed.
3Enhanced rulemaking considerations and alternatives: Agencies must consider legal authority, problem significance, existing laws, and must identify a reasonable number of alternatives (at least three), including performance objectives, economic incentives, disclosure requirements, and non-mandating approaches to achieve statutory objectives.
4Expanded cost-benefit and information requirements for major rules: For major rules, agencies must analyze direct costs/benefits, risks, and, where practicable, cumulative and indirect effects on affected entities; require a net-benefits maximization standard, with potential exceptions approved by the Administrator for non-quantified costs/benefits or additional benefits/cost reductions.
5Greater transparency and data accessibility: Mandates placing in the rulemaking docket all studies, models, and information relied upon, with specific rules for information controlled by nongovernmental parties; requires 60- day (or 90-day for major rules) public comment periods and public replies, plus mandatory posting of a concise summary (not more than 100 words) on regulations.gov.
6Advanced notice for major rules and timetable requirements: For major rules, agencies must issue an Advanced Notice of Proposed Rulemaking (ANPR) and establish a detailed timetable with intermediate and final deadlines; include a mechanism to report to Congress and the OMB if deadlines are not met.
7Communications and ex parte disclosure: Prohibits certain advocacy-directed communications by agencies to the public after NPRMs, requires publication of ex parte communications in the Federal Register, and generally limits communications to impartial information requests.
8Final rule requirements: After review, final rules must include a basis and purpose, reasoned determinations addressing substantive considerations, and a published, concise summary; major rules must justify why benefits justify costs and why alternatives were not chosen.
9Rulemaking guidelines and prospective reviews: The Administrator must set guidelines for identifying the need for rules, evaluating proposed/final rules, assessing impacts on jobs, innovation, and other economic factors, and incorporating risk assessments where relevant.
10Good-cause and alternative rulemaking pathways: The bill outlines conditions under which agencies may skip certain procedural steps for good cause, including direct final rules and interim final rules, with specific notice/comment requirements and deadlines.

Impact Areas

Primary group/area affected: Federal agencies and regulatory policymakers (rulemaking and guidance processes), particularly for major rules and major guidance.Secondary group/area affected: Mentions of stakeholders in industry, business communities, workers, consumers, and public-interest groups who participate in rulemaking or are affected by regulatory costs and benefits; state, local, and Tribal governments may also see changes in how federal rules interact with local/regional concerns.Additional impacts: Increased transparency and data requirements could affect compliance costs for agencies and potentially for regulated entities that participate in the docket; could slow the pace of rulemaking due to added steps, reviews, and required analyses; potential changes in how guidance is treated and disclosed, as well as how agencies communicate with the public during rulemaking. There are also exemptions (e.g., monetary policy, guidance, and rules of organization/procedure) and good-cause provisions that could affect how and when the new processes apply.

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