Regulatory Accountability Act of 2013

Bill: 113-s-1029
Sponsor: Sen. Portman, Rob [R-OH]
Introduced: 2013-05-23 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Competitiveness, trade promotion, trade deficits
Economic performance and conditions
Evidence and witnesses
Government information and archives
Judicial review and appeals
Office of Management and Budget (OMB)
Public participation and lobbying

Summary:
action_date: 2013-05-23
text: 
Regulatory Accountability Act of 2013 - Amends the Administrative Procedure Act to revise requirements for federal agency rulemaking by requiring agencies, in making a rule, to consider: (1) the legal authority under which a rule may be proposed, including whether rulemaking is required by statute or is within the discretion of the agency; (2) the nature and significance of the problem the agency intends to address; (3) whether existing federal laws or rules have created or contributed to the problem; (4) reasonable alternatives for a new rule; and (5) for any major rule or high-impact rule (generally defined as rules having an annual cost on the economy of $100 million or $1 billion or more, respectively), the potential costs and benefits associated with potential alternative rules.
 
Requires agencies that initiate a rulemaking that may result in a major rule or a high-impact rule to: (1) establish an electronic docket for that rulemaking, which may have a physical counterpart; and (2) publish a notice of initiation of rulemaking in the Federal Register. 
 
Requires agencies issuing a rule to notify the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) and publish a notice of proposed rulemaking in the Federal Register which shall include: (1) a text of the proposed rule; (2) a summary of rulemaking considerations; and (3) for any major rule or high-impact rule, a preliminary determination that the benefits of the proposed rule justify its costs and a discussion of the costs and benefits of alternatives to the rule. Provides similar notice requirements when an agency adopts a final rule.
 
Expands agency requirements for allowing opportunities for public comment. Sets forth requirements for providing public hearings for high-impact and major rules and for petitioning for the issuance, amendment, or repeal of a rule. Requires agencies, in a rulemaking for a major rule or high-impact rule, to adopt the least costly rule considered that meets relevant statutory objectives. 
 
Requires the Administrator to establish and update guidelines for the assessment of: (1) the costs and benefits of proposed and final rules, and (2) other economic issues and risk assessments that are relevant to rulemaking.
 
Revises the scope of judicial review to prohibit review of a determination of whether a rule is a major rule and to establish a substantial evidence standard for affirming agency rulemaking decisions.
 
Sets forth criteria for issuing major guidance (agency guidance that is likely to lead to an annual cost on the economy of $100 million or more, a major increase in cost or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or ability to compete).


Legislative actions:
action_date: 2014-03-11
text: Committee on Homeland Security and Governmental Affairs Subcommittee on the Efficiency and Effectiveness of Federal Programs and the Federal Workforce. Hearings held. With printed Hearing: S.Hrg. 113-371.
action_date: 2013-05-23
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2013-05-23
text: Introduced in Senate