,,ii #aaith ,,congress #ast ,session ,s4 #gf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ac1 #bjbe,mr4 ,lankford 7for himself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 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 ,setting ,manageable ,analysis ,requirements in ,text ,act of #bjbe or the ,,smart ,act of #bjbe4 #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 and at the end2 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 ,budget established under section #cejc of title #dd and any successor to that office2 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 health1 safety1 the environment1 or 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 ,on and after the date that is #a year after the date of enactment of this subsection-- 7,a7 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 rule1 the agency shall include a potential framework for assessing the implemented rule1 which shall include a general statement of how the agency intends to measure the effectiveness of the rule2 and 7,b7 with respect to a final major rule published by an agency in the ,federal ,register1 including a major rule that the agency did not initially reasonably expect would meet the definition of a major rule under subparagraph 7,a71 the agency shall include a framework for assessing the major rule under paragraph 7#b71 which shall include-- 7i7 a 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 qualitative and quantitative outcomes of the major rule so that the agency can assess-- 7,i7 the effectiveness and benefits of the major rule in producing the regulatory objectives of the major rule2 and 7,,ii7 the effects and costs of the major rule on regulated and other affected entities2 7iii7 a plan for gathering data1 including public input1 regarding the methodology described in clause 7ii7 on an ongoing basis or at periodic times2 and 7iv7 a 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 gathered 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-- 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 the regulatory objective of the major rule2 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 overlaps with1 duplicates1 or conflicts with other rules or1 to the extent feasible1 ,state and local government regulations2 7,,iii7 the major rule needs to be expanded1 streamlined1 or otherwise modified in order to accomplish the regulatory objective of the major rule2 and 7,,iv7 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 society1 or both1 taking into consideration any changes in the regulatory environment that may have made the major rule more or less necessary or effective1 and 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 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 7,d74 7,c7 ,subsequent assessments ,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 shall1 in consultation with the ,administrator1 include with the assessment produced under subparagraph 7,a7 a list of circumstances or events that would necessitate a subsequent review in accordance with subparagraph 7,a7 to ensure that the major rule continues to meet the regulatory objective of the major rule4 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 prominently on the website of the agency the results of the assessment1 including the circumstances or events that would necessitate a subsequent assessment of the major rule under subparagraph 7,c74 7#c7 ,agency head responsibilities ,the head of each agency shall-- 7,a7 oversee the timely compliance of the agency with this subsection2 and 7,b7 ensure that the results of each assessment conducted under paragraph 7#b7 are published promptly in accordance with paragraph 7#b77;,d74 7#d7 ,,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 encourage and assist agencies to streamline and coordinate the assessment of major rules with similar or related regulatory objectives2 7,c7 exempt an agency from including the framework required under paragraph 7#a77;,b7 when publishing a final major rule1 if-- 7i7 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#f77;,b72 or 7ii7 the ,administrator determines that-- 7,i7 the major final rule falls within a category of major rules that are routine or periodic in nature1 including those issued on an annual basis in order to put in place annual spending programs2 or 7,,ii7 for any other reason1 the conduct of an assessment would be impracticable1 unnecessary1 or contrary to the public interest2 and 7,d7 extend the deadline specified by an agency for an assessment of a major rule under paragraph 7#a77;,b77iv7 or paragraph 7#b77;,c7 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#e7 ,rule of construction ,nothing in this subsection may 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#f7 ,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 7,,ii7 for which the agency is required to conduct a retrospective review under-- 7aa7 section #bbbb of the ,economic ,growth and ,regulatory ,paperwork ,reduction ,act of #aiif 7#ab ,u4,s4,c4 #ccaa72 7bb7 section #agj7;d7 of the ,financial ,stability ,act of #bjaj 7#ab ,u4,s4,c4 #ecgj7;d772 or 7cc7 any other provision of law with requirements that the ,administrator determines-- 7,,aa7 include robust public participation2 7,,bb7 include significant agency consideration and analysis of whether the rule is achieving the regulatory objective of the rule2 and 7,,cc7 meet1 are substantially similar to1 or exceed the requirements of this subsection2 7,,iii7 for which the authorizing statute of the rule is subject to periodic authorization by ,congress not less frequently than once every #aj years2 or 7,,iv7 for which the authorizing statute of the rule requires the promulgation of a new or revised rule not less frequently than once every #aj years2 or 7ii7 interpretative rules1 general statements of policy1 or rules of agency organization1 procedure1 or practice4 7,b7 ,good cause exemption ,in the case of a major rule for which an agency has not issued a notice of proposed rule making1 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#g7 ,judicial review 7,a7 ,in general ,judicial review of agency compliance with this subsection-- 7i7 shall be strictly limited to-- 7,i7 whether an agency published the framework for assessment of a major rule described in paragraph 7#a72 or 7,,ii7 whether an agency published the assessment or subsequent assessment of a major rule described in subparagraphs 7,a71 7,c71 and 7,d7 of paragraph 7#b72 and 7ii7 shall not include a substantive review of the framework1 assessment1 or action of an agency under this subsection4 7,b7 ,remedy available ,in granting relief in an action brought under subparagraph 7,a71 a court may only issue an order remanding the major rule to the agency to comply with paragraph 7#a7 or subparagraph 7,a71 7,c71 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