[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4264 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4264
To amend title 5, United States Code, to improve the effectiveness of
major rules in accomplishing their regulatory objectives by promoting
retrospective review, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2024
Ms. Sinema (for herself, Mr. Lankford, Mr. Manchin, and Mrs. Capito)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to improve the effectiveness of
major rules in accomplishing their regulatory objectives by promoting
retrospective review, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Setting Manageable Analysis
Requirements in Text Act of 2024'' or the ``SMART Act of 2024''.
SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR RULES.
(a) In General.--Subchapter II of chapter 5 of title 5, United
States Code, is amended--
(1) in section 551--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs of the Office of
Management and Budget established under section 3503 of title
44 and any successor to that office; and
``(16) `major rule' means any rule that the Administrator
finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation,
health, safety, the environment, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets.''; and
(2) in section 553, by adding at the end the following:
``(f) Major Rule Frameworks.--
``(1) In general.--On and after the date that is 1 year
after the date of enactment of this subsection--
``(A) with respect to a proposed rule published by
an agency in the Federal Register that the agency
reasonably expects would meet the definition of a major
rule, the agency shall include a potential framework
for assessing the implemented rule, which shall include
a general statement of how the agency intends to
measure the effectiveness of the rule; and
``(B) with respect to a final major rule published
by an agency in the Federal Register, including a major
rule that the agency did not initially reasonably
expect would meet the definition of a major rule under
subparagraph (A), the agency shall include a framework
for assessing the major rule under paragraph (2), which
shall include--
``(i) a statement of the regulatory
objectives of the major rule, including a
summary of the societal benefit and cost of the
major rule;
``(ii) the methodology by which the agency
plans to analyze the qualitative and
quantitative outcomes of the major rule so that
the agency can assess--
``(I) the effectiveness and
benefits of the major rule in producing
the regulatory objectives of the major
rule; and
``(II) the effects and costs of the
major rule on regulated and other
affected entities;
``(iii) a plan for gathering data,
including public input, regarding the
methodology described in clause (ii) on an
ongoing basis or at periodic times; and
``(iv) a time frame, as appropriate to the
major rule and not more than 10 years after the
effective date of the major rule, under which
the agency shall conduct the assessment of the
major rule in accordance with paragraph (2)(A).
``(2) Assessment.--
``(A) In general.--Each agency shall assess the
data gathered under paragraph (1)(B)(iii), using the
methodology set forth in paragraph (1)(B)(ii) or any
other appropriate methodology developed after the
issuance of a final major rule--
``(i) to analyze how the actual benefits
and costs of the major rule may have varied
from those anticipated at the time the major
rule was issued; and
``(ii) to determine whether--
``(I) the major rule is
accomplishing the regulatory objective
of the major rule;
``(II) the major rule has been
rendered unnecessary, taking into
consideration--
``(aa) changes in the
subject area affected by the
major rule; and
``(bb) whether the major
rule overlaps with, duplicates,
or conflicts with other rules
or, to the extent feasible,
State and local government
regulations;
``(III) the major rule needs to be
expanded, streamlined, or otherwise
modified in order to accomplish the
regulatory objective of the major rule;
and
``(IV) other alternatives to the
major rule or a modification of the
major rule could better achieve the
regulatory objective of the major rule
by increasing the benefits of the major
rule or imposing a smaller burden on
society, or both, taking into
consideration any changes in the
regulatory environment that may have
made the major rule more or less
necessary or effective, and any cost
already incurred.
``(B) Different methodology.--If an agency uses a
methodology other than the methodology set forth in
paragraph (1)(B)(ii) to assess data under subparagraph
(A), the agency shall include notification of the
revised methodology and an explanation of the changes
in circumstances that necessitated the use of that
other methodology as part of the notice required under
subparagraph (D).
``(C) Subsequent assessments.--If, after an
assessment of a major rule under subparagraph (A), an
agency determines that the major rule will remain in
effect with or without modification, the agency shall,
in consultation with the Administrator, include with
the assessment produced under subparagraph (A) a list
of circumstances or events that would necessitate a
subsequent review in accordance with subparagraph (A)
to ensure that the major rule continues to meet the
regulatory objective of the major rule.
``(D) Publication.--Not later than 180 days after
the date on which an agency completes an assessment of
a major rule under subparagraph (A), the agency shall
publish prominently on the website of the agency the
results of the assessment, including the circumstances
or events that would necessitate a subsequent
assessment of the major rule under subparagraph (C).
``(3) Agency head responsibilities.--The head of each
agency shall--
``(A) oversee the timely compliance of the agency
with this subsection; and
``(B) ensure that the results of each assessment
conducted under paragraph (2) are published promptly in
accordance with paragraph (2)(D).
``(4) OMB oversight.--The Administrator shall--
``(A) issue guidance for agencies regarding the
development of the framework under paragraph (1) and
the conduct of the assessments under paragraph (2)(A);
``(B) encourage and assist agencies to streamline
and coordinate the assessment of major rules with
similar or related regulatory objectives;
``(C) exempt an agency from including the framework
required under paragraph (1)(B) when publishing a final
major rule, if--
``(i) the agency did not issue a notice of
proposed rule making for the major rule in
order to provide a timely response to an
emergency or comply with a statutorily imposed
deadline, in accordance with paragraph (6)(B);
or
``(ii) the Administrator determines that--
``(I) the major final rule falls
within a category of major rules that
are routine or periodic in nature,
including those issued on an annual
basis in order to put in place annual
spending programs; or
``(II) for any other reason, the
conduct of an assessment would be
impracticable, unnecessary, or contrary
to the public interest; and
``(D) extend the deadline specified by an agency
for an assessment of a major rule under paragraph
(1)(B)(iv) or paragraph (2)(C) for a period of not more
than 90 days if the agency justifies why the agency is
unable to complete the assessment by that deadline.
``(5) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) the authority of an agency to assess or
modify a major rule of the agency earlier than the end
of the time frame specified for the major rule under
paragraph (1)(B)(iv); or
``(B) any other provision of law that requires an
agency to conduct retrospective reviews of rules issued
by the agency.
``(6) Applicability.--
``(A) In general.--This subsection shall not apply
to--
``(i) a major rule of an agency--
``(I) that the Administrator
reviewed before the date of enactment
of this subsection;
``(II) for which the agency is
required to conduct a retrospective
review under--
``(aa) section 2222 of the
Economic Growth and Regulatory
Paperwork Reduction Act of 1996
(12 U.S.C. 3311);
``(bb) section 170(d) of
the Financial Stability Act of
2010 (12 U.S.C. 5370(d)); or
``(cc) any other provision
of law with requirements that
the Administrator determines--
``(AA) include
robust public
participation;
``(BB) include
significant agency
consideration and
analysis of whether the
rule is achieving the
regulatory objective of
the rule; and
``(CC) meet, are
substantially similar
to, or exceed the
requirements of this
subsection;
``(III) for which the authorizing
statute of the rule is subject to
periodic authorization by Congress not
less frequently than once every 10
years; or
``(IV) for which the authorizing
statute of the rule requires the
promulgation of a new or revised rule
not less frequently than once every 10
years; or
``(ii) interpretative rules, general
statements of policy, or rules of agency
organization, procedure, or practice.
``(B) Good cause exemption.--In the case of a major
rule for which an agency has not issued a notice of
proposed rule making, the agency shall publish the
framework required under paragraph (1)(B) in the
Federal Register not later than 6 months after the date
on which the agency publishes the final major rule.
``(7) Judicial review.--
``(A) In general.--Judicial review of agency
compliance with this subsection--
``(i) shall be strictly limited to--
``(I) whether an agency published
the framework for assessment of a major
rule described in paragraph (1); or
``(II) whether an agency published
the assessment or subsequent assessment
of a major rule described in
subparagraphs (A), (C), and (D) of
paragraph (2); and
``(ii) shall not include a substantive
review of the framework, assessment, or action
of an agency under this subsection.
``(B) Remedy available.--In granting relief in an
action brought under subparagraph (A), a court may only
issue an order remanding the major rule to the agency
to comply with paragraph (1) or subparagraph (A), (C),
or (D) of paragraph (2), as applicable.
``(C) Effective date of major rule.--If, in an
action brought under subparagraph (A)(i), a court
determines that the agency did not comply, the major
rule shall take effect notwithstanding any order issued
by the court.
``(D) Administrator.--Any determination, action, or
inaction of the Administrator shall not be subject to
judicial review.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the amendments
made by subsection (a).
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