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Stricter Oversight and Transparency for Federal Agency Rulemaking

This Act amends procedures for federal rulemaking, requiring agencies to conduct detailed cost-benefit analysis and public justification for major regulations. Citizens gain greater transparency as data and studies underlying proposed rules must be placed in the docket and made accessible to the public. The goal is to ensure agencies adopt alternatives that maximize net benefits within their statutory authority.
Key points
For 'major rules' (annual economic effect of $100 million or more), agencies must adopt the alternative that maximizes net benefits, unless prohibited by law or an exception is approved by the Administrator.
All studies, models, and data relied upon by the agency to propose rules must be placed in the docket and made accessible to the public.
A comment period of not less than 90 days is established for 'major rules' and 'high-impact rules,' along with the ability to petition for a public hearing on disputed factual issues for high-impact rules.
Courts will review agency factual findings regarding 'high-impact rules' (annual economic effect of $500 million or more) based on a 'substantial evidence' standard.
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Additional Information
Print number: 118_HR_442
Sponsor: Rep. Van Duyne, Beth [R-TX-24]
Process start date: 2023-01-20