S. 148 · In committee · Government Operations and Politics

RED TAPE Act

Sponsor: Joni Ernst (R-IA)

What it does

• Prohibits federal agencies from considering any nonmonetized or unquantified factor in a regulatory impact analysis or benefit-cost analysis for a proposed, final, or interim final rule.
• Requires agencies to publish each such analysis.
• Bars OMB from authorizing or endorsing an agency's use of such factors or considering them in another agency's analysis.
• Provides judicial review and requires a court to invalidate a rule if the agency relied on such a factor, with the bill taking effect 30 days after enactment.

Official summary

Regulations Evaluated to Determine The Anticipated Price and Effect Act or the RED TAPE Act This bill prohibits federal agencies from considering any nonmonetized or unquantified factor when conducting a regulatory impact analysis or benefit-cost analysis for any proposed rule, final rule, or interim final rule. Each agency must publish each regulatory impact analysis and benefit-cost analysis conducted by the agency with respect to a proposed rule, final rule, or interim final rule. Additionally, the Office of Management and Budget may not (1) authorize or endorse an agency's use of any nonmonetized or unquantified factor when conducting a regulatory impact analysis or benefit-cost analysis on any proposed rule, final rule, or interim final rule; or (2) consider any nonmonetized or unquantified factor presented in a regulatory impact analysis or benefit-cost analysis of another agency. The bill provides for judicial review of a rule issued by an agency that considered a nonmonetized or unquantified factor when conducting a regulatory impact or benefit-cost analysis. If a court finds that an agency relied upon such a factor to evaluate a final rule or interim final rule, the…

Latest action

Nov 19, 2025: Committee on Small Business and Entrepreneurship. Hearings held.

Committee: Senate Small Business and Entrepreneurship