- Potential benefitIncreases transparency by requiring publication of complete economic analyses and methodologies for each rule.
- Potential benefitPrioritizes monetized benefits, potentially lowering perceived regulatory costs and compliance burdens for businesses.
- Potential benefitMay reduce regulatory unpredictability by standardizing analytic methods across agencies under OMB guidance.
RED TAPE Act
Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for conside…
This bill prohibits federal agencies and the Office of Management and Budget from considering non-monetized or unquantified factors when preparing regulatory impact analyses or benefit–cost analyses. It requires agencies to publish analyses, methodologies, and related decisionmaking materials in the Federal Register, directs OMB to issue revised guidance within 90 days, and creates a private right of action allowing courts to invalidate rules that relied on non-monetized or unquantified factors.
Left warns it will exclude environmental, health, and equity values
Relative to its intended legislative type, this bill is a clear substantive policy change that also imposes administrative processes.
This bill prohibits federal agencies and the Office of Management and Budget from considering non-monetized or unquantified factors when preparing regulatory impact analyses or benefit–cost analyses.
It requires agencies to publish analyses, methodologies, and related decisionmaking materials in the Federal Register, directs OMB to issue revised guidance within 90 days, and creates a private right of action allowing courts to invalidate rules that relied on non-monetized or unquantified factors.
The rule applies to agency rules issued on or after November 9, 2023, and the statutory amendments take effect 30 days after enactment.
Contentious policy with clear ideological alignment and strong opposition from affected constituencies reduces prospects; easier in one chamber than both.
Relative to its intended legislative type, this bill is a clear substantive policy change that also imposes administrative processes. It establishes explicit prohibitions, transparency requirements, a deadline for OMB guidance, and a judicial enforcement mechanism. The bill provides a basic implementation framework but leaves significant operational detail unaddressed.
Left warns it will exclude environmental, health, and equity values
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenMay exclude health, environmental, and equity benefits that are difficult to monetize from regulatory consideration.
- Potential burdenCould weaken protections by preventing agencies from relying on non-monetary harms and benefits.
- Federal agenciesLikely increases litigation risk and potential vacatur of rules, raising agency legal and compliance costs.
Why the argument around this bill splits.
Left warns it will exclude environmental, health, and equity values
Likely to view the bill unfavorably because it bars consideration of qualitative harms and benefits central to environmental, health, and civil-rights protections.
The mandatory invalidation clause and broad prohibition could curtail agencies’ ability to fulfill statutory missions that require non-monetary judgments.
Concerned that monetization requirements will undervalue lives, ecosystems, and equity considerations.
Views the bill as addressing legitimate concerns about clarity and accountability in regulatory economics but worries the prohibition is overly blunt.
Appreciates transparency requirements but is concerned about legal disruption and reduced regulatory flexibility.
Worried that strict courts-mandated invalidation and retroactive application could spur litigation and administrative instability.
Likely to support the bill as a tool to constrain regulatory overreach and to ensure agencies focus on tangible monetary costs and benefits.
Values the ban on qualitative considerations as limiting discretion and reducing speculative regulatory rationales.
Welcomes the judicial enforcement mechanism and increased transparency, seeing them as accountability gains.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Contentious policy with clear ideological alignment and strong opposition from affected constituencies reduces prospects; easier in one chamber than both.
- How courts will interpret "non-monetized or unquantified"
- Scope of retroactivity to November 9, 2023 rules
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Left warns it will exclude environmental, health, and equity values
Contentious policy with clear ideological alignment and strong opposition from affected constituencies reduces prospects; easier in one cha…
Relative to its intended legislative type, this bill is a clear substantive policy change that also imposes administrative processes. It establishes explicit prohibitions, transparency requirements, a deadline for OMB g…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.