H.R. 5 - 115th Congress (2017-2018) - Regulatory Accountability Act of 2017

This bill amends the Administrative Procedure Act (APA) to revise and expand the requirements for federal agency rulemaking. Agencies must base all preliminary and final factual determinations on evidence and 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 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), for negative-impact-on-jobs-and-wages rules, and for rules that involve a novel legal or policy issue arising out of statutory mandates;
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;
allows immediate judicial review of rulemaking not in compliance with notice requirements; and
establishes a substantial evidence standard for courts to affirm agency rulemaking decisions.

Separation of Powers Restoration Act

The bill authorizes courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law.

Small Business Regulatory Flexibility Improvements Act

The bill revises rulemaking requirements and procedures under the Regulatory Flexibility Act of 1980 (RFA) and the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). The definition of "rule" under the RFA is expanded to include all agency rules, except for: (1) rules that pertain to the protection of veterans' rights and benefits or that impose limitations on the cost and terms of consumer credit extended to service members and their dependents, or (2) rules of particular applicability relating to rates, wages, and other financial indicators. Under a new definition of "economic impact," agencies are required to consider any direct economic effect of a proposed rule on small entities and any indirect economic effect on small entities that is reasonably foreseeable and that results from such rule.

Agencies must publish a plan for the periodic review of existing rules and new rules that have a significant impact on a substantial number of small entities.

Judicial review of an agency final rule for compliance with RFA requirements is allowed after the publication of such rule, instead of after completion of the rulemaking process.

The Small Business Act is amended to authorize the Chief Counsel for Advocacy of the Small Business Administration to make small business size-standard determinations for all purposes other than for the purposes of such Act or the Small Business Investment Act of 1958.

The SBREFA is amended to require agencies, in preparing small entity compliance guides, to solicit input from affected small entities or associations of small entities.

Require Evaluation before Implementing Executive Wishlists Act or the REVIEW Act

The bill prohibits a final agency rule from being published or taking effect until the Office of Information and Regulatory Affairs (OIRA) determines whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion. The agency shall publish such determination with the final rule.

An agency shall postpone the effective date of a high-impact rule until: (1) the final disposition of all actions seeking judicial review of the rule, or (2) the expiration of an applicable period for judicial review or a period after publication if no person seeks judicial review.

All Economic Regulations are Transparent Act or the ALERT Act

Federal agencies must submit a monthly report to OIRA for each rule such agency expects to propose or finalize during the following 12 months. For any rule expected to be finalized during the following 12 months for which the agency has issued a general notice of proposed rulemaking, the reports must include an approximate schedule for completing action on the rule and an estimate of its cost, economic effects, and any imposition of unfunded mandates.

OIRA must: (1) make such monthly reports publicly available on the Internet; and (2) publish by October 1 each year information and analysis about such rules for the preceding year.

The bill prohibits a rule from taking effect until the information required by this bill is posted on the Internet for not less than six months, unless: (1) the agency proposing the rule claims a "good cause" exemption from notice-and-comment rulemaking procedures under the APA; or (2) the President determines by executive order that such rule is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Providing Accountability Through Transparency Act

The bill requires the general notice of proposed rulemaking by a federal agency to include the Internet address of a plain-language summary, not exceeding 100 words, of the proposed rule, which shall be posted on the regulations.gov website.

Text (3)

Referred in Senate

January 12, 2017

Engrossed in House

January 11, 2017

Introduced in House

January 3, 2017

Amendments (15)

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 30

An amendment numbered 16 printed in House Report 115-2 to require federal agencies to report on influential scientific information and associated peer reviews disseminated or to be disseminated in a rulemaking proceeding.

Agreed To

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 29

Amendment sought to strike language that would require the Forest Service and the Bureau of Land Management to perform regulatory flexibility analyses for forest and land management plans.

Active

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 28

Amendment sought to ensure that any rules made under the "Frank R. Lautenberg Chemical Safety for the 21st Century Act" are exempted.

Active

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 27

Amendment sought to exempt a rule which pertains to workplace health and safety and that is necessary to prevent or reduce the incidence of traumatic injury, cancer or irreversible lung disease at mining facilities.

Active

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 26

Amendment sought to exempt rules pertaining to the safety of children's products or toys.

Active

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 25

Amendment sought to exempt rules that significantly improve the employment retention and wages of workforce participants, especially those with significant barriers to employment.

Active

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 24

Amendment sought to provide for the prevention of the transmission of foodborne illness or to meet preventive-control requirements for food safety.

Active

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 23

Amendment sought to ensure that any rule intended to protect public health and welfare is exempted from the requirements of this act.

Active

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 22

Amendment to allow for sufficient time (at least 90 days) for affected entities to take steps to comply with issued guidance.

Agreed To

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 21

Amendment to provide agency accountability of major rules by requiring retrospective review and report.

Agreed To

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 20

Amendment prohibits agencies from impartially communicating with the public in order to generate support or opposition to a proposed rule.

Agreed To

Jan 11, 2017

Not Agreed to in House

Sponsorship

House Amendment 19

Amendment sought to strike Title III of the bill and replaces it with alternative language that reforms the Regulatory Flexibility Act to reduce the burden of regulations on small businesses.

Active

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 18

Amendment to require an agency to include an economic assessment or a summary of it when an agency certifies that a proposed rule will not have a 'significant economic impact on a substantial number of small entities' under the Regulatory Flexibility Act. This will ensure an agency's decision to certify a rule and not conduct a full regulatory flexibility analysis is supported by data.

Agreed To

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 17

An amendment numbered 2 printed in Part A of House Report 115-2 to establish a timeline by which the Office of Information and Regulatory Affairs must issue guidelines under title I of the bill.

Agreed To

Jan 11, 2017

Agreed to in House

Sponsorship

House Amendment 16

An amendment numbered 1 printed in Part A of House Report 115-2 to revise section 2 of title II of the bill to restrain unwarranted interpretation of ambiguous statutes to find implied delegations of legislative rulemaking authority, and of ambiguous statutes and regulations to expansively extend agency authority.

Agreed To

Actions (45)

Show Only Major Actions

03/29/2017

Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 115-21.

01/12/2017

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

01/11/2017

Motion to reconsider laid on the table Agreed to without objection.

01/11/2017

On passage Passed by the Yeas and Nays: 238 - 183 (Roll no. 45).

01/11/2017

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 238 - 183 (Roll no. 45).

01/11/2017

On motion to recommit with instructions Failed by recorded vote: 190 - 233 (Roll no. 44).

01/11/2017

The previous question on the motion to recommit with instructions was ordered without objection.

01/11/2017

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Demings motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add an exemption to H.R. 5 for any rules that reduce prescription drugs costs for seniors covered under Medicare Part D.

01/11/2017

Mrs. Demings moved to recommit with instructions to the Committee on the Judiciary. (text: CR H370)

01/11/2017

The previous question was ordered pursuant to the rule.

01/11/2017

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.

01/11/2017

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which were debated earlier and on which further proceedings had been postponed.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Posey Part A amendment No. 16.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva Part A amendment No. 14.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Tonko amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Tonko demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko Part A amendment No. 13.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) Part A amendment No. 12.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Ruiz amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Ruiz demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Ruiz Part A amendment No. 11.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) Part A amendment No. 10.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Cicilline amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Marino demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Cicilline Part A amendment No. 9.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Castor (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Castor (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Castor (FL) Part A amendment No. 8.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Young (IA) Part A amendment No. 7.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Graves (LA) Part A amendment No. 6.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Peterson amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Peterson Part A amendment No. 5.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Velazquez Part A amendment No. 4.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Chabot Part A amendment No. 3.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Chaffetz Part A amendment No. 2.

01/11/2017

POSTPONED PROCEEDINGS - At the conclusion of debate on the Goodlatte amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

01/11/2017

DEBATE - Pursuant to the provisions of H. Res. 33, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte Part A amendment No. 1.

01/11/2017

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5.

01/11/2017

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 33 and Rule XVIII.

01/11/2017

The Speaker designated the Honorable Mike Bost to act as Chairman of the Committee.

01/11/2017

The resolution provides for both bills to be considered under a structured rule for one hour of general debate. The resolution also provides one motion to recommit with or without instructions on both H.R. 5 and H.R. 79.

01/11/2017

Considered under the provisions of rule H. Res. 33. (consideration: CR H323-372; text as reported in House: CR H335-344)

01/09/2017

Rules Committee Resolution H. Res. 33 Reported to House. The resolution provides for both bills to be considered under a structured rule for one hour of general debate. The resolution also provides one motion to recommit with or without instructions on both H.R. 5 and H.R. 79.

01/05/2017

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

01/03/2017

Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

01/03/2017

Introduced in House

Public Record

Record Updated

Jan 11, 2023 1:34:20 PM