S. 148 (119th)Bill Overview

RED TAPE Act

Government Operations and Politics|Administrative law and regulatory proceduresCivil actions and liability
Cosponsors
Support
Republican
Introduced
Jan 17, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

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.

Why people may split

Whether qualitative benefits (health, environment) must be excluded

Watch point

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.

Passage30/100

Substantially alters regulatory practice, is ideologically loaded, and enables litigation; lacks compromise features that ease enactment.

CredibilityPartially aligned

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.

Contention75/100

Whether qualitative benefits (health, environment) must be excluded

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • 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.
Likely burdened
  • 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.
03 · Why people split

Why the argument around this bill splits.

Whether qualitative benefits (health, environment) must be excluded
Progressive10%

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.

Likely resistant
Centrist45%

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.

Split reaction
Conservative80%

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.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Substantially alters regulatory practice, is ideologically loaded, and enables litigation; lacks compromise features that ease enactment.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • How courts will define 'non-monetized' or 'unquantified' factors
  • Potential surge of litigation and judicial resource impacts
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Whether qualitative benefits (health, environment) must be excluded

Substantially alters regulatory practice, is ideologically loaded, and enables litigation; lacks compromise features that ease enactment.

Unlocked analysis

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.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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