,,ii ,calendar ,no4 #ebb #aadth         
,,congress  #b;d ,session  ,s4 #ahag    
,report ,no4 #aad-bhb ,,in ,,the        
,,senate ,,of ,,the ,,united ,,states   
,july #ba1 #bjae,ms4 ,heitkamp 7for     
herself1 ,mr4 ,lankford1 ,mr4 ,warner1  
,ms4 ,ayotte1 and ,mrs4 ,ernst7         
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,homeland ,security and   
,governmental ,affairs  ,june #bj1      
#bjaf,reported by ,mr4 ,johnson1 with an
 amendment,strike out all after the     
enacting clause and insert the part     
printed in italic  ,a ,,bill  ,to       
improve the effectiveness of major rules
 in accomplishing their regulatory      
objectives by promoting retrospective   
review1 and for other purposes4  #a4    
,short title ,this ,act may be cited as 
the ,smarter ,regulations ,through      
,advance ,planning and ,review ,act of  
#bjae or the ,smarter ,regs ,act of     
#bjae4  #b4 ,incorporating retrospective
 review into new major rules  7a7 ,in   

general ,subchapter ,,ii of chapter #e  
of title #e1 ,united ,states ,code1 is  
amended-- 7#a7 in section #eea--  7,a7  
in paragraph 7#ac71 by striking 2 and   
and inserting a semicolon2  7,b7 in     
paragraph 7#ad71 by striking the period 
at the end and inserting a semicolon2   
and  7,c7 by adding at the end the      
following3  7#ae7 ,administrator means  
the ,administrator of the ,office of    
,information and ,regulatory ,affairs of
 the ,office of ,management and ,budget2
 and  7#af7 major rule means any rule   
that the ,administrator finds has       
resulted in or is likely to result in-- 
7,a7 an annual effect on the economy of 
#ajj1jjj1jjj or more2  7,b7 a major     
increase in costs or prices for         
consumers1 individual industries1       
,federal1 ,state1 or local government   
agencies1 or geographic regions2 or     
7,c7 significant adverse effects on     
competition1 employment1 investment1    
productivity1 innovation1 or on the     
ability of ,united ,states-based        

enterprises to compete with             
foreign-based enterprises in domestic   
and export markets4  2 and  7#b7 in     
section #eec1 by adding at the end the  
following3  7f7 ,regulation-,specific   
,frameworks  7#a7 ,in general ,beginning
 #ahj days after the date of enactment  
of this subsection1 when an agency      
publishes a proposed or final major rule
 in the ,federal ,register1 the agency  
shall include a framework for           
reassessing the major rule under        
paragraph 7#b71 which shall include--   
7,a7 a clear statement of the regulatory
 objectives of the major rule1 including
 the societal benefit and cost of the   
major rule2  7,b7 the methodology by    
which the agency plans to analyze the   
major rule1 including metrics by which  
the agency can measure--  7i7 the       
effectiveness and benefits of the major 
rule in producing the regulatory        
objectives of the major rule2 and  7ii7 
the impacts1 including any costs1 of the
 major rule on regulated entities2  7,c7

 a plan for gathering data regarding the
 metrics described in subparagraph 7,b7 
on an ongoing basis1 or at periodic     
times1 during the implementation of the 
major rule1 including the method by     
which the agency will invite the public 
to participate in the review process and
 seek input from other agencies1 taking 
into account any burden to the public in
 supplying relevant data to agencies2   
and  7,d7 a specific time frame1 as     
appropriate to the major rule and not   
more than #aj years1 under which the    
agency shall conduct the reassessment of
 the major rule in accordance with      
paragraph 7#b77;,a74  7#b7 ,reassessment
  7,a7 ,in general ,each agency shall   
assess the data collected under         
paragraph 7#a77;,c71 using the          
methodology set forth in paragraph      
7#a77;,b71 with respect to a major      
rule--  7i7 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 issued2 and 

7ii7 to determine whether-- 7,i7 the    
major rule is accomplishing its         
regulatory objective2  7,,ii7 the major 
rule has been rendered unnecessary1     
taking into consideration-- 7aa7 changes
 in the subject area affected by the    
major rule2 and  7bb7 whether the major 
rule overlaps1 duplicates1 or conflicts 
with other rules or1 to the extent      
feasible1 ,state and local government   
regulations2 and  7,,iii7 other         
alternatives to the major rule or       
modification of the major rule could    
achieve better results while imposing a 
smaller burden on society or at a lower 
cost1 taking into consideration any cost
 already incurred4  7,b7 ,subsequent    
assessments ,if1 after a reassessment of
 a major rule under subparagraph 7,a71  
an agency determines that the major rule
 will remain in effect with or without  
modification1 the agency shall--  7i7   
determine a specific time1 as           
appropriate to the major rule and not   
more than #aj years1 under which the    

agency shall conduct another assessment 
of the major rule in accordance with    
subparagraph 7,a72 and  7ii7 if the     
assessment conducted under clause 7i7   
does not result in a repeal of the major
 rule1 periodically reassess the major  
rule in accordance with subparagraph    
7,a7 to ensure the major rule continues 
to meet the regulatory objective4  7,c7 
,publication ,not later than #ahj days  
after the date on which an agency       
completes a reassessment of a major rule
 under subparagraph 7,a71 the agency    
shall publish a notice of availability  
of the results of the reassessment in   
the ,federal ,register1 including the   
specific time for any subsequent        
assessment of the major rule under      
subparagraph 7,b77i71 if applicable4    
7#c7 ,,omb oversight ,the ,administrator
 shall-- 7,a7 issue guidance for        
agencies regarding the development of   
the framework under paragraph 7#a7 and  
the conduct of the reassessments under  
paragraph 7#b77;,a72  7,b7 oversee the  

timely compliance of agencies with this 
subsection2 and  7,c7 ensure that the   
results of each reassessment conducted  
under paragraph 7#b77;,a7 are--  7i7    
published promptly on a centralized     
,federal website2 and  7ii7 noticed in  
the ,federal ,register in accordance    
with paragraph 7#b77;,c74  7#d7 ,rule of
 construction ,nothing in this          
subsection shall be construed to        
affect-- 7,a7 the authority of an agency
 to reassess or modify a major rule of  
the agency earlier than the end of the  
time frame specified for the major rule 
under paragraph 7#a77;,d72 or  7,b7 any 
other provision of law that requires an 
agency to conduct retrospective reviews 
of rules issued by the agency4  4  7b7  
,authorization of appropriations ,there 
are authorized to be appropriated such  
sums as may be necessary to carry out   
the amendments made by subsection 7a74  
#a4 ,short title ,this ,act may be cited
 as the ,smarter ,regulations ,through  
,advance ,planning and ,review ,act of  

#bjae or the ,smarter ,regs ,act of     
#bjae4  #b4 ,incorporating retrospective
 review into new major rules  7a7 ,in   
general ,subchapter ,,ii of chapter #e  
of title #e1 ,united ,states ,code1 is  
amended-- 7#a7 in section #eea--  7,a7  
in paragraph 7#ac71 by striking 2 and   
and inserting a semicolon2  7,b7 in     
paragraph 7#ad71 by striking the period 
at the end and inserting a semicolon2   
and  7,c7 by adding at the end the      
following3  7#ae7 ,administrator means  
the ,administrator of the ,office of    
,information and ,regulatory ,affairs of
 the ,office of ,management and ,budget2
 and  7#af7 major rule means any rule   
that the ,administrator finds has       
resulted in or is likely to result in-- 
7,a7 an annual effect on the economy of 
#ajj1jjj1jjj or more2  7,b7 a major     
increase in costs or prices for         
consumers1 individual industries1       
,federal1 ,state1 or local government   
agencies1 or geographic regions2 or     
7,c7 significant adverse effects on     

competition1 employment1 investment1    
productivity1 innovation1 or on the     
ability of ,united ,states-based        
enterprises to compete with             
foreign-based enterprises in domestic   
and export markets4  2 and  7#b7 in     
section #eec1 by adding at the end the  
following3  7f7 ,major rule frameworks  
7#a7 ,in general ,beginning #ahj days   
after the date of enactment of this     
subsection1 when an agency publishes in 
the ,federal ,register--  7,a7 a        
proposed major rule1 the agency shall   
include a potential framework for       
assessing the major rule1 which shall   
include a general statement of how the  
agency intends to measure the           
effectiveness of the major rule2 or     
7,b7 a final major rule1 the agency     
shall include a framework for assessing 
the major rule under paragraph 7#b71    
which shall include--  7i7 a clear      
statement of the regulatory objectives  
of the major rule1 including a summary  
of the societal benefit and cost of the 

major rule2  7ii7 the methodology by    
which the agency plans to analyze the   
major rule1 including metrics by which  
the agency can measure--  7,i7 the      
effectiveness and benefits of the major 
rule in producing the regulatory        
objectives of the major rule2 and       
7,,ii7 the impacts1 including any costs1
 of the major rule on regulated and     
other impacted entities2  7iii7 a plan  
for gathering data regarding the metrics
 described in clause 7ii7 on an ongoing 
basis1 or at periodic times1 including a
 method by which the agency will invite 
the public to participate in the review 
process and seek input from other       
agencies2 and  7iv7 a specific time     
frame1 as appropriate to the major rule 
and not more than #aj years after the   
effective date of the major rule1 under 
which the agency shall conduct the      
assessment of the major rule in         
accordance with paragraph 7#b77;,a74    
7#b7 ,assessment  7,a7 ,in general ,each
 agency shall assess the data collected 

under paragraph 7#a77;,b77iii71 using   
the methodology set forth in paragraph  
7#a77;,b77ii7 or any other appropriate  
methodology developed after the issuance
 of a final major rule to better        
determine whether the regulatory        
objective was achieved1 with respect to 
a major rule--  7i7 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 issued2 and  7ii7 to determine      
whether-- 7,i7 the major rule is        
accomplishing its regulatory objective2 
7,,ii7 the major rule has been rendered 
unnecessary1 taking into consideration--
 7aa7 changes in the subject area       
affected by the major rule2 and  7bb7   
whether the major rule overlaps1        
duplicates1 or conflicts with other     
rules or1 to the extent feasible1 ,state
 and local government regulations2      
7,,iii7 the major rule needs to be      
strengthened in order to accomplish the 
regulatory objective2 and  7,,iv7 other 

alternatives to the major rule or       
modification of the major rule could    
better achieve the regulatory objective 
while imposing a smaller burden on      
society or increase net benefits1 taking
 into consideration any cost already    
incurred4  7,b7 ,different methodology  
,if an agency uses a methodology other  
than the methodology set forth in       
paragraph 7#a77;,b77ii7 to assess data  
under subparagraph 7,a71 the agency     
shall include as part of the notice     
required under subparagraph 7,d7 an     
explanation of the changes in           
circumstances that necessitated the use 
of that other methodology4  7,c7        
,subsequent assessments  7i7 ,in general
 ,except as provided in clause 7ii71 if1
 after an assessment of a major rule    
under subparagraph 7,a71 an agency      
determines that the major rule will     
remain in effect with or without        
modification1 the agency shall--  7,i7  
determine a specific time frame1 as     
appropriate to the major rule and not   

more than #aj years after the effective 
date of the major rule1 under which the 
agency shall conduct another assessment 
of the major rule in accordance with    
subparagraph 7,a72 and  7,,ii7 if the   
assessment conducted under subclause    
7,i7 does not result in a repeal of the 
major rule1 periodically assess the     
major rule in accordance with           
subparagraph 7,a7 to ensure the major   
rule continues to meet the regulatory   
objective4  7ii7 ,exemption ,the        
,administrator may exempt an agency from
 conducting a subsequent assessment of a
 major rule under clause 7i7 if the     
,administrator determines that there is 
a foreseeable and apparent need for the 
major rule beyond the time frame        
required under clause 7i77,i74  7,d7    
,publication ,not later than #ahj days  
after the date on which an agency       
completes an assessment of a major rule 
under subparagraph 7,a71 the agency     
shall publish a notice of availability  
of the results of the assessment in the 

,federal ,register1 including the       
specific time frame for any subsequent  
assessment of the major rule under      
subparagraph 7,c77i71 if applicable4    
7#c7 ,,omb oversight ,the ,administrator
 shall-- 7,a7 issue guidance for        
agencies regarding the development of   
the framework under paragraph 7#a7 and  
the conduct of the assessments under    
paragraph 7#b77;,a72  7,b7 oversee the  
timely compliance of agencies with this 
subsection2  7,c7 ensure that the       
results of each assessment conducted    
under paragraph 7#b77;,a7 are--  7i7    
published promptly on a centralized     
,federal website2 and  7ii7 noticed in  
the ,federal ,register in accordance    
with paragraph 7#b77;,d72  7,d7         
encourage and assist agencies to        
streamline and coordinate the assessment
 of major rules with similar or related 
regulatory objectives2  7,e7 exempt an  
agency from including the framework     
required under paragraph 7#a77;,b7 when 
publishing a final major rule1 if 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 deadline1 in        
accordance with paragraph 7#e77;,b72 and
  7,f7 extend the deadline specified by 
an agency for an assessment of a major  
rule under paragraph 7#a77;,b77iv7 or   
paragraph 7#b77;,c77i77,i7 for a period 
of not more than #ij days if the agency 
justifies why the agency is unable to   
complete the assessment by that         
deadline4  7#d7 ,rule of construction   
,nothing in this subsection shall be    
construed to affect-- 7,a7 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          
7#a77;,b77iv72 or  7,b7 any other       
provision of law that requires an agency
 to conduct retrospective reviews of    
rules issued by the agency4  7#e7       
,applicability  7,a7 ,in general ,this  

subsection shall not apply to-- 7i7 a   
major rule of an agency--  7,i7 that the
 ,administrator reviewed before the date
 of enactment of this subsection2 or    
7,,ii7 for which the agency is required 
to conduct a retrospective review under 
any other provision of law that meets or
 exceeds the requirements of this       
subsection1 as determined by the        
,administrator2  7ii7 interpretative    
rules1 general statements of policy1 or 
rules of agency organization1 procedure1
 or practice2 or  7iii7 routine and     
administrative rules4  7,b7 ,direct and 
interim final major rule ,in the case of
 a major rule of an agency for which the
 agency is not required to issue a      
notice of proposed rule making in       
response to an emergency or a           
statutorily imposed deadline1 the agency
 shall publish the framework required   
under paragraph 7#a77;,b7 in the        
,federal ,register not later than #f    
months after the date on which the      
agency publishes the final major rule4  

7#f7 ,judicial review  7,a7 ,in general 
,judicial review of agency compliance   
with this subsection is limited to-- 7i7
 whether an agency published the        
framework for assessment of a major rule
 in accordance with paragraph 7#a72 or  
7ii7 whether an agency completed and    
published the required assessment of a  
major rule in accordance with           
subparagraphs 7,a7 and 7,d7 of paragraph
 7#b74  7,b7 ,remedy available ,in      
granting relief in an action brought    
under subparagraph 7,a71 the court may  
only issue an order remanding the major 
rule to the agency to comply with       
paragraph 7#a7 or subparagraph 7,a7 or  
7,d7 of paragraph 7#b71 as applicable4  
7,c7 ,effective date of major rule ,if1 
in an action brought under subparagraph 
7,a77i71 a court determines that the    
agency did not comply1 the major rule   
shall take effect notwithstanding any   
order issued by the court4  7,d7        
,administrator ,any determination1      
action1 or inaction of the              

,administrator shall not be subject to  
judicial review4  4  7b7 ,authorization 
of appropriations ,there are authorized 
to be appropriated such sums as may be  
necessary to carry out the amendments   
made by subsection 7a74  ,june #bj1     
#bjaf,reported with an amendment