- Potential benefitPromotes analytic rigor by prioritizing quantifiable monetary benefits in regulatory decisionmaking.
- Potential benefitIncreases transparency through mandated publication of full benefit-cost analyses and methodologies.
- Potential benefitReduces regulatory uncertainty for businesses by clarifying acceptable analytic inputs.
RED TAPE Act
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
This bill would bar federal agencies and the Office of Management and Budget from using any non-monetized or unquantified factors in regulatory impact analyses and benefit–cost analyses. It requires agencies to publish full analyses, methodologies, and related materials in the Federal Register, directs OMB to issue revised guidance within 90 days, and allows civil suits to invalidate rules that relied on prohibited factors.
Whether qualitative benefits (health, environment) must be excluded
Relative to its intended legislative type, this bill is a clear substantive change to administrative regulatory analysis practices: it amends chapter 6 of title 5, establishes a statutory prohibition on considering non-monetized or unquantified factors in regulatory impact and benefit-cost analyses, prescribes publication requirements, directs OMB guidance within 90 days, and creates a private right to sue with mandatory invalidation of offending regulations.
This bill would bar federal agencies and the Office of Management and Budget from using any non-monetized or unquantified factors in regulatory impact analyses and benefit–cost analyses.
It requires agencies to publish full analyses, methodologies, and related materials in the Federal Register, directs OMB to issue revised guidance within 90 days, and allows civil suits to invalidate rules that relied on prohibited factors.
The prohibition applies to rules issued on or after November 9, 2023, and the changes take effect 30 days after enactment.
Substantially alters regulatory practice, is ideologically loaded, and enables litigation; lacks compromise features that ease enactment.
Relative to its intended legislative type, this bill is a clear substantive change to administrative regulatory analysis practices: it amends chapter 6 of title 5, establishes a statutory prohibition on considering non-monetized or unquantified factors in regulatory impact and benefit-cost analyses, prescribes publication requirements, directs OMB guidance within 90 days, and creates a private right to sue with mandatory invalidation of offending regulations.
Whether qualitative benefits (health, environment) must be excluded
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 burdenExcludes qualitative benefits like ecosystem services and some health outcomes that resist monetization.
- Potential burdenCould weaken environmental, public-health, and safety protections by omitting important unquantified benefits.
- Potential burdenLikely increases litigation as parties sue to invalidate rules for using prohibited factors.
Why the argument around this bill splits.
Whether qualitative benefits (health, environment) must be excluded
Likely to view the bill as a restrictive change that would exclude important public-health, environmental, and equity considerations that are difficult to monetize.
Concerned it prioritizes narrow financial metrics over broader social welfare and could weaken protections by forcing agencies to omit qualitative harms.
Sees merits in stronger transparency and consistent cost analysis, but worries this is an overly blunt instrument that may ignore legitimate non-monetary benefits.
Would prefer targeted fixes, clearer definitions, and safeguards to avoid unintended regulatory gaps and litigation.
Likely to view the bill favorably as strengthening cost discipline and limiting regulatory overreach by forcing agencies to rely on quantifiable monetary benefits.
Appreciates expanded judicial review and transparency requirements as checks on agency discretion.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantially alters regulatory practice, is ideologically loaded, and enables litigation; lacks compromise features that ease enactment.
- How courts will define 'non-monetized' or 'unquantified' factors
- Potential surge of litigation and judicial resource impacts
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Whether qualitative benefits (health, environment) must be excluded
Substantially alters regulatory practice, is ideologically loaded, and enables litigation; lacks compromise features that ease enactment.
Relative to its intended legislative type, this bill is a clear substantive change to administrative regulatory analysis practices: it amends chapter 6 of title 5, establishes a statutory prohibition on considering non-…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.