HR 45 · 115th Congress 2017–2019, ended

Regulatory Accountability Act of 2017

Introduced Jan 3, 2017 Originated House Sponsor Bob Goodlatte R-VA

Latest action · Jan 5, 2017 Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedJan 3, 2017
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Regulatory Accountability Act of 2017

This bill amends the Administrative Procedure Act to revise and expand the requirements for federal agency rulemaking by requiring agencies, in making a rule, to base all preliminary and final factual determinations on evidence and to consider the legal authority under which the rule may be proposed, the specific nature and significance of the problem the agency may address with the rule, any reasonable alternatives for the rule, and the potential costs and benefits associated with such alternatives.

The bill requires agencies to publish advance notice of proposed rulemaking in the Federal Register for major rules and for high-impact rules (rules having an annual cost on the economy of $100 million or $1 billion or more, respectively) and for negative-impact on jobs and wages rules and those that involve a novel legal or policy issue arising out of statutory mandates. The notice must include a written statement identifying the nature and significance of the problem the agency may address with a rule, the legal authority under which the rule may be proposed, the nature of and potential reasons to adopt a novel legal or policy position, and a solicitation for written data, views, or arguments from interested persons.

Additionally, the bill: (1) 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) or guidance that involves a novel legal or policy issue arising out of statutory mandates; and (2) expands the scope of judicial review of agency rulemaking by allowing immediate review of rulemaking not in compliance with notice requirements and establishing a substantial evidence standard for affirming agency rulemaking decisions.

Cosponsors 5

Members who signed on, in the order they did. All signed on Jan 3, 2017.

Seat	Cosponsor		Signed on
D-MN	Collin C. Peterson	Original	Jan 3, 2017
R-TX	Lamar Smith	Original	Jan 3, 2017
R-TX	Pete Sessions	Original	Jan 3, 2017
R-PA	Tom Marino	Original	Jan 3, 2017
R-AZ	Trent Franks	Original	Jan 3, 2017

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Judiciary Committee	Referred Jan 3, 2017
	Administrative State, Regulatory Reform, and Antitrust Subcommittee	Referred Jan 5, 2017

Actions 3

Everything that happened, newest first.

Jan 5, 2017Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Jan 3, 2017Introduced in House
Jan 3, 2017Referred to the House Committee on the Judiciary.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 1, Clause 1 of the United States Constitution, in that the legislation concerns the exercise of legislative powers generally granted to Congress by that section, including the exercise of those powers when delegated by Congress to the Executive; Article I, Section 8, Clauses 1 to 17, and Section 9, Clauses 1 to 2, 4, and 7 of the United States Constitution, in that the legislation concerns the exercise of specific legislative powers granted to Congress by those sections, including the exercise of those powers when delegated by Congress to the Executive; Article I, Section 8, clause 18 of the United States Constitution, in that the legislation exercises legislative power granted to Congress by that clause ``to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof;'' and Article III, Section 1, Clause 1, Sentence 1, Section 2, Clause 1, and Section 2, Clause 2, Sentence 2, of the Constitution, in that the legislation defines or affects judicial powers and cases that are subject to legislation by Congress.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 1, January 3, 2017, page H47.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
115-61	REGULATORY REFORM AND ROLLBACK: THE EFFECTS ON SMALL BUSINESSES96 pages	Small Business Committee	Mar 7, 2018

Related bills 2

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HR 5	Regulatory Accountability Act of 2017	Related bill	Mar 29, 2017
HR 185	Regulatory Accountability Act of 2015	Reintroduction of	Jan 16, 2015

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents.
Short Titles as Introduced: Regulatory Accountability Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 1

Each version as it was printed, newest first.

Jan 3, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.