119-S-148 Journalist Public Summary

Headline Summary

A bill to require “dollars‑only” regulatory analysis—no qualitative or unquantified factors—while expanding disclosure and enabling lawsuits to invalidate rules that used them. [1]Congress.gov — Text — S.148 (RED TAPE Act), 119th Congress (Introduced in Senat…

What It Does

S. 148 (the RED TAPE Act) would amend Title 5 to prohibit agencies and the Office of Management and Budget from considering any non‑monetized or unquantified factor in regulatory impact or benefit‑cost analyses for proposed, final, or interim final rules. It requires agencies to publish the full text and methods of each analysis in the Federal Register, directs OMB to issue compliance guidance within 90 days of enactment, and creates a cause of action letting affected parties sue to invalidate a rule that relied on non‑monetized or unquantified factors; this applies to rules issued on or after November 9, 2023. [1]Congress.gov — Text — S.148 (RED TAPE Act), 119th Congress (Introduced in Senat…

Context: longstanding federal guidance (Executive Orders 12866 and 13563, and OMB’s Circular A‑4) has allowed or encouraged agencies to consider qualitative or hard‑to‑price effects (like health, safety, privacy, or equity) when full monetization isn’t feasible; the bill would bar using such factors in the core analysis. [4]U.S. Environmental Protection Agency — Summary of Executive Order 12866 - Regul…[2]The White House (archived) — Executive Order 13563 — Improving Regulation and R…[3]The White House (archived) — OMB Circular A‑4 (2003) — treatment of non‑monetiz…

Why It Matters

• Could narrow what “counts” in cost‑benefit reviews to only dollar‑valued effects, potentially downplaying harder‑to‑price harms or benefits (e.g., health risks, long‑term environmental damage, or distributional impacts). [3]The White House (archived) — OMB Circular A‑4 (2003) — treatment of non‑monetiz…[5]White House OMB (archived) — OMB announces final 2023 guidance updating Circula…
• Creates new litigation risk: if a court finds an agency relied on non‑monetized or unquantified factors, the rule must be declared invalid. [1]Congress.gov — Text — S.148 (RED TAPE Act), 119th Congress (Introduced in Senat…
• Increases transparency by requiring agencies to publish methods and full analyses with each rule. [1]Congress.gov — Text — S.148 (RED TAPE Act), 119th Congress (Introduced in Senat…
• Interacts with recent swings in federal guidance: OMB revised A‑4 and A‑94 in 2023 to address hard‑to‑monetize and distributional effects, then in 2025 the administration reverted A‑94’s discount‑rate framework; the bill would set a stricter statutory line regardless of future guidance. [5]White House OMB (archived) — OMB announces final 2023 guidance updating Circula…[6]Federal Register via Justia — Notice of revised OMB Circular A‑94 (Nov. 9, 2023)[7]FEMA — FEMA notice on OMB’s April 8, 2025 action reverting A‑94 discount rate t…

Who’s For It

• Bill sponsors: Sen. Joni Ernst (R‑IA) and Sen. James Lankford (R‑OK). Ernst frames the bill as stopping agencies from “covering up costs” and forcing transparent, numbers‑driven analyses. [1]Congress.gov — Text — S.148 (RED TAPE Act), 119th Congress (Introduced in Senat…[8]Office of Sen. Joni Ernst — Ernst press release announcing the RED TAPE Act (Ja…
• House companion: Rep. Pete Sessions (R‑TX) introduced a RED TAPE Act in the House with similar aims; his office argues agencies have leaned on non‑monetary values inappropriately. [9]Congress.gov — H.R. 572 (RED TAPE Act) — House companion overview[10]Office of Rep. Pete Sessions — Rep. Pete Sessions press release on introducing…
• Regulatory‑skeptic groups: organizations like CPAC’s Center for Regulatory Freedom and the Competitive Enterprise Institute have criticized OMB’s 2023 A‑4 approach (e.g., distributional weighting, qualitative factors) and advocate more “objective,” monetized analysis. [11]CPAC — CPAC Center for Regulatory Freedom petition to reopen 2023 A‑4 revisions[12]Competitive Enterprise Institute — CEI comments on proposed OMB Circular A‑4 (2…

Who’s Against It

• Public‑interest and academic commenters who supported OMB’s 2023 update to Circular A‑4 argue that excluding non‑monetized or qualitative impacts would overlook real‑world harms and benefits—particularly for health, environment, and equity—and reduce decision quality. [13]Institute for Policy Integrity — Policy Integrity comments supporting robust co…
• OMB’s 2023 guidance emphasized that agencies should analyze difficult‑to‑monetize and distributional effects when appropriate; critics of S. 148 say the bill would reverse that direction by law. [5]White House OMB (archived) — OMB announces final 2023 guidance updating Circula…
• Opponents also point to longstanding executive guidance (EOs 12866 and 13563) that explicitly permits considering qualitative values like equity or human dignity when they are hard to quantify, warning that a dollars‑only mandate would conflict with that approach. [4]U.S. Environmental Protection Agency — Summary of Executive Order 12866 - Regul…[2]The White House (archived) — Executive Order 13563 — Improving Regulation and R…

What’s Next

Status: As of November 20, 2025, S. 148 has been introduced and referred to the Senate Homeland Security and Governmental Affairs Committee; Congress.gov shows no further official action or votes. [14]Congress.gov — All Info/Actions — S.148 (RED TAPE Act), 119th Congress