Regulatory Accountability Act

This bill, the Regulatory Accountability Act, amends federal rulemaking procedures to require agencies to consider alternatives, costs, and benefits before issuing major rules, and changes judicial review standards for agency actions. It also updates definitions and makes technical corrections to numerous existing laws.

Sec. 2, Definitions: Adds formal definitions for 'guidance', 'major guidance', 'major rule', 'Office of Information and Regulatory Affairs', and 'Administrator' to the Administrative Procedure Act. A major rule is one likely to have an annual economic effect of $100 million or more, cause major cost increases, or have significant adverse effects.

Sec. 3, Rulemaking: Rewrites the rulemaking process. Agencies must consider legal authority, the problem's significance, existing rules, and a reasonable number of alternatives (at least three). For major rules, agencies must analyze costs and benefits. Notices of proposed rulemaking must be reviewed by the Administrator before publication and include detailed explanations. Public comment periods must be at least 60 days (90 for major rules), with an additional 30-day responsive comment period for major rules. Agencies must use the best publicly available scientific, technical, or economic information.

Sec. 4, Scope of Review: Amends judicial review. Courts may remand a matter to an agency without setting it aside. Agency guidance that does not interpret a statute or rule is reviewed only under a narrow standard. Courts decide questions of law de novo, and the weight given to an agency's interpretation of its own rule depends on thoroughness, reasoning validity, and consistency.

Sec. 5, Added Definitions: Adds a definition of 'substantial evidence' to the Administrative Procedure Act, meaning relevant evidence that a reasonable mind might accept as adequate to support a conclusion.

Sec. 6, Application: The new rulemaking and review procedures do not apply to any rulemaking that is pending or completed as of the date of enactment.

Sec. 7, Rule of Construction with Respect to Copyrights: Nothing in the bill alters or abridges any exclusive right granted under copyright law (Title 17).

Sec. 8, Technical and Conforming Amendments: Makes numerous technical updates to over 20 existing federal laws (e.g., Clean Air Act, Endangered Species Act) to reflect the new section numbers and cross-references created by this bill.