I 
119TH CONGRESS 
1ST SESSION 
H. R. 572 
To prohibit the use of non-monetized or unqualified factors for regulatory 
analyses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2025 
Mr. SESSIONS (for himself and Ms. HAGEMAN) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Small Business, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To prohibit the use of non-monetized or unqualified factors 
for regulatory analyses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulations Evaluated 
to Determine The Anticipated Price and Effect Act’’ or 
the ‘‘RED TAPE Act’’. 
SEC. 2. FINDINGS. 
Congress finds that agencies must prioritize tangible, 
immediately quantifiable monetary benefits in their deci-
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sion making processes, ensuring regulatory actions yield 
clear and measurable financial benefits to the public and 
private sectors while minimizing unnecessary regulatory 
costs or burdens. 
SEC. 3. PROHIBITION ON NET BENEFIT DISCOUNTS; CON-
SIDERATION OF REGULATORY IMPACT ANAL-
YSES. 
(a) IN GENERAL.—Chapter 6 of title 5, United 
States Code, is amended— 
(1) in section 601— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting a semicolon; 
(C) in paragraph (8)— 
(i) by striking ‘‘RECORDKEEPING RE-
QUIREMENT.—T’’ and inserting ‘‘the’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(9) the term ‘benefit-cost analysis’ has the 
meaning given the term in Office of Management 
and Budget Circular A–94, as revised on November 
9, 2023, or any successor revision; and 
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‘‘(10) the term ‘regulatory impact analysis’ 
means a regulatory analysis described in— 
‘‘(A) Executive Order 12866 (5 U.S.C. 
601 note; relating to regulatory planning and 
review); 
‘‘(B) Executive Order 13563 (5 U.S.C. 
601 note; relating to improving regulation and 
regulatory review); 
‘‘(C) Executive Order 14094 (88 Fed. Reg. 
21879; relating to modernizing regulatory re-
view); 
‘‘(D) Office of Management and Budget 
Circular No. A–4, as revised on November 9, 
2023, or any successor revision; or 
‘‘(E) Office of Management and Budget 
Circular No. A–94, as revised on November 9, 
2023, or any successor revision.’’; and 
(2) by adding at the end the following: 
‘‘§ 613. Prohibition on use of non-monetized or un-
qualified factors for regulatory analyses 
‘‘(a) AGENCY PROHIBITION.—An agency may not 
consider any non-monetized or unquantified factor when 
conducting a regulatory impact analysis or benefit-cost 
analysis on any proposed rule, final rule, or interim final 
rule. 
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‘‘(b) OMB PROHIBITION.—The Office of Manage-
ment and Budget may not— 
‘‘(1) authorize in any manner, such as in 
issuing guidance, a memorandum, a directive, or a 
rule that permit or endorse the analysis or use of 
any non-monetized or unquantified factor when con-
ducting a regulatory impact analysis or benefit-cost 
analysis on any proposed rule, final rule, or interim 
final rule; or 
‘‘(2) 
consider 
any 
non-monetized 
or 
unquantified factor presented in a regulatory impact 
analysis or benefit-cost analysis of another agency. 
‘‘(c) PUBLIC TRANSPARENCY.—Each agency shall 
publish in the Federal Register, with respect to and along 
with each proposed rule, final rule, or interim final rule— 
‘‘(1) a summary of each regulatory impact anal-
ysis and benefit-cost analysis conducted by the agen-
cy; 
‘‘(2) the text of each regulatory impact analysis 
and benefit-cost analysis conducted by the agency, 
including a disclosure of the methodology and spe-
cific analyses used by the agency in estimating eco-
nomic impacts, and the determination and rationale 
of such economic impact analyses; and 
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‘‘(3) any additional information of the agency 
relevant to the regulatory impact and benefit-cost 
analyses conducted by the agency, such as the deci-
sion-making processes of the agency. 
‘‘(d) REGULATORY GUIDANCE.—Not later than 90 
days after the date of enactment of this section, the Direc-
tor of the Office of Management and Budget shall issue 
revised guidance to agencies to ensure compliance with the 
provisions of this section. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any party affected by a 
rule issued by an agency that considered a non-mon-
etized or unquantified factor when conducting a reg-
ulatory impact or benefit-cost analysis in violation of 
this section may bring a civil action against the 
agency to challenge the rule in a district court of the 
United States. 
‘‘(2) INVALIDATION
OF
REGULATION.—If the 
court finds that an agency relied upon non-mone-
tized or unquantified factors to evaluate a final rule 
or interim final rule in contravention of this section, 
the court shall declare the rule invalid. 
‘‘(3) 
APPLICATION.—This 
subsection 
shall 
apply with respect to any rule issued by an agency 
on or after November 9, 2023.’’. 
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(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 6 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘613. Prohibition on use of non-monetized or unquantified factors for regulatory 
analyses.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by section 3 shall take effect 
on the date that is 30 days after the date of enactment 
of this Act. 
Æ 
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