RED TAPE Act
Introduced January 21, 2025 · Last action January 21, 2025
Plain English Summary
This bill prohibits federal agencies and the Office of Management and Budget from considering non-monetized or unquantified factors when analyzing proposed regulations. It requires agencies to publish detailed cost-benefit analyses in the Federal Register and allows courts to invalidate any rule found to rely on non-monetized factors.
Who benefits
Manufacturing, energy, extractive industries (oil and gas, mining), agriculture, and financial services firms that currently face regulations requiring agencies to consider environmental quality, public health, worker safety, or social equity impacts. Small businesses facing compliance costs. Any industry subject to regulations that weigh non-monetized harms (air quality, water contamination, species extinction, workplace injuries) against monetized benefits.
Who pays / loses
Environmental protection agencies (EPA), occupational safety regulators (OSHA), public health agencies (CDC, FDA), wildlife agencies (USFWS), and any agency using multi-criteria analyses. Consumers and workers whose health, safety, or environmental protections depend on regulations that weigh non-monetized benefits (reduced asthma cases, prevented deaths, species preservation). Environmental justice communities relying on regulations that quantify disparate health impacts. Regulatory advocates and civil rights organizations.
Funding & Lobbying Interests
Industries with high regulatory compliance costs and exposure to environmental or safety regulations: fossil fuel companies, chemical manufacturers, mining operators, construction and real estate developers, agricultural operations, and financial institutions. These industries have historically lobbied against regulations that incorporate environmental, health, or equity considerations not easily converted to dollar values. The bill's sponsors—Pete Sessions (R-TX) and Harriet Hageman (R-WY)—represent districts and states with significant oil and gas, mining, and ranching interests.
Political Impact
Affected Groups
Most directly: energy and extractive industry workers and shareholders (benefit); environmental justice communities and low-income neighborhoods with disproportionate exposure to pollution (lose); workers in high-hazard occupations (lose); persons with chronic diseases exacerbated by air/water pollution (lose). Retroactive application to rules issued since November 9, 2023, affects millions of Americans covered by recent EPA air quality rules, workplace safety standards, and environmental protections finalized in 2024.
Political Subtext
Proponents argue this bill eliminates 'regulatory overreach' by preventing agencies from inflating costs through unmeasurable harms, claiming it ensures taxpayers receive clear monetary value from regulations. Critics argue this bill blinds regulators to real costs: prevented deaths, avoided illness, ecosystem services, and equity considerations that are difficult to monetize but catastrophic if ignored. The non-partisan evidence shows: (1) Federal agencies have refined cost-benefit methodology over decades; (2) OMB Circular A-4 already requires monetization where feasible but permits non-monetized factors as supplements—not primary drivers; (3) this bill conflates 'unquantified' (difficult to measure) with 'fabricated' (false); (4) retroactive judicial invalidation of rules issued since November 2023 creates massive legal uncertainty for recently finalized regulations on air quality, vehicle emissions, and workplace safety. The bill does not address whether non-monetized benefits are sometimes more defensible than monetized estimates (e.g., assigning dollar value to a human life involves inherently arbitrary assumptions).
Real-World Stakes
If enacted: (1) Rules finalized since November 2023—including EPA air quality standards, vehicle emission limits, and OSHA safety updates—become vulnerable to litigation and invalidation. (2) Agencies lose regulatory tools used since the 1980s: considering whether preventing 5,000 premature deaths justifies compliance costs, even if agencies assign no dollar value to those lives. (3) Environmental and public health regulations become harder to defend in court. (4) Under retroactive application, successful challenges could overturn rules protecting air, water, and workplace safety implemented within the past year. Analogous state-level 'benefit-cost rigor' bills (Wisconsin, Texas) have faced litigation over retroactivity; federal courts have generally struck down retroactive invalidation of completed administrative proceedings. The bill's definition of 'non-monetized factor' is not provided in the text—leaving it to OMB guidance (due 90 days after enactment), creating additional uncertainty about which considerations trigger invalidation.
Sponsor
Sponsor information not available.
Vote Record
No recorded votes.
Campaign Finance — Primary Sponsor
No campaign finance data available yet.
501(c)(4) disclosure: Contributions from 501(c)(4) "dark money" organizations are not required to be publicly disclosed and are not reflected in the figures above. Data sourced from FEC public disclosure filings.
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