II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Setting Manageable 

5 Analysis Requirements in Text Act of 2024’’ or the 

6 ‘‘SMART Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4264 IS

1 SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO 

2 NEW MAJOR RULES. 

3 (a) IN GENERAL.—Subchapter II of chapter 5 of title 

4 5, United States Code, is amended— 

5 (1) in section 551— 

6 (A) in paragraph (13), by striking ‘‘and’’ 

7 at the end; 

8 (B) in paragraph (14), by striking the pe9 riod at the end and inserting a semicolon; and 

10 (C) by adding at the end the following: 

11 ‘‘(15) ‘Administrator’ means the Administrator 

12 of the Office of Information and Regulatory Affairs 

13 of the Office of Management and Budget established 

14 under section 3503 of title 44 and any successor to 

15 that office; and 

16 ‘‘(16) ‘major rule’ means any rule that the Ad17 ministrator finds has resulted in or is likely to result 

18 in— 

19 ‘‘(A) an annual effect on the economy of 

20 $100,000,000 or more; 

21 ‘‘(B) a major increase in costs or prices for 

22 consumers, individual industries, Federal, 

23 State, or local government agencies, or geo24 graphic regions; or 

25 ‘‘(C) significant adverse effects on competi26 tion, employment, investment, productivity, inVerDate Sep 11 2014 01:25 Jun 07, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4264.IS S4264

ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4264 IS

1 novation, health, safety, the environment, or the 

2 ability of United States-based enterprises to 

3 compete with foreign-based enterprises in do4 mestic and export markets.’’; and 

5 (2) in section 553, by adding at the end the fol6 lowing: 

7 ‘‘(f) MAJOR RULE FRAMEWORKS.— 

8 ‘‘(1) IN GENERAL.—On and after the date that 

9 is 1 year after the date of enactment of this sub10 section— 

11 ‘‘(A) with respect to a proposed rule pub12 lished by an agency in the Federal Register 

13 that the agency reasonably expects would meet 

14 the definition of a major rule, the agency shall 

15 include a potential framework for assessing the 

16 implemented rule, which shall include a general 

17 statement of how the agency intends to measure 

18 the effectiveness of the rule; and 

19 ‘‘(B) with respect to a final major rule 

20 published by an agency in the Federal Register, 

21 including a major rule that the agency did not 

22 initially reasonably expect would meet the defi23 nition of a major rule under subparagraph (A), 

24 the agency shall include a framework for assessVerDate Sep 11 2014 01:25 Jun 07, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4264.IS S4264

ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4264 IS

1 ing the major rule under paragraph (2), which 

2 shall include— 

3 ‘‘(i) a statement of the regulatory ob4 jectives of the major rule, including a sum5 mary of the societal benefit and cost of the 

6 major rule; 

7 ‘‘(ii) the methodology by which the 

8 agency plans to analyze the qualitative and 

9 quantitative outcomes of the major rule so 

10 that the agency can assess— 

11 ‘‘(I) the effectiveness and bene12 fits of the major rule in producing the 

13 regulatory objectives of the major 

14 rule; and 

15 ‘‘(II) the effects and costs of the 

16 major rule on regulated and other af17 fected entities; 

18 ‘‘(iii) a plan for gathering data, in19 cluding public input, regarding the meth20 odology described in clause (ii) on an ongo21 ing basis or at periodic times; and 

22 ‘‘(iv) a time frame, as appropriate to 

23 the major rule and not more than 10 years 

24 after the effective date of the major rule, 

25 under which the agency shall conduct the 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4264 IS

1 assessment of the major rule in accordance 

2 with paragraph (2)(A). 

3 ‘‘(2) ASSESSMENT.— 

4 ‘‘(A) IN GENERAL.—Each agency shall as5 sess the data gathered under paragraph 

6 (1)(B)(iii), using the methodology set forth in 

7 paragraph (1)(B)(ii) or any other appropriate 

8 methodology developed after the issuance of a 

9 final major rule— 

10 ‘‘(i) to analyze how the actual benefits 

11 and costs of the major rule may have var12 ied from those anticipated at the time the 

13 major rule was issued; and 

14 ‘‘(ii) to determine whether— 

15 ‘‘(I) the major rule is accom16 plishing the regulatory objective of the 

17 major rule; 

18 ‘‘(II) the major rule has been 

19 rendered unnecessary, taking into 

20 consideration— 

21 ‘‘(aa) changes in the subject 

22 area affected by the major rule; 

23 and 

24 ‘‘(bb) whether the major 

25 rule overlaps with, duplicates, or 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4264 IS

1 conflicts with other rules or, to 

2 the extent feasible, State and 

3 local government regulations; 

4 ‘‘(III) the major rule needs to be 

5 expanded, streamlined, or otherwise 

6 modified in order to accomplish the 

7 regulatory objective of the major rule; 

8 and 

9 ‘‘(IV) other alternatives to the 

10 major rule or a modification of the 

11 major rule could better achieve the 

12 regulatory objective of the major rule 

13 by increasing the benefits of the 

14 major rule or imposing a smaller bur15 den on society, or both, taking into 

16 consideration any changes in the regu17 latory environment that may have 

18 made the major rule more or less nec19 essary or effective, and any cost al20 ready incurred. 

21 ‘‘(B) DIFFERENT METHODOLOGY.—If an 

22 agency uses a methodology other than the 

23 methodology set forth in paragraph (1)(B)(ii) 

24 to assess data under subparagraph (A), the 

25 agency shall include notification of the revised 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4264 IS

1 methodology and an explanation of the changes 

2 in circumstances that necessitated the use of 

3 that other methodology as part of the notice re4 quired under subparagraph (D). 

5 ‘‘(C) SUBSEQUENT ASSESSMENTS.—If, 

6 after an assessment of a major rule under sub7 paragraph (A), an agency determines that the 

8 major rule will remain in effect with or without 

9 modification, the agency shall, in consultation 

10 with the Administrator, include with the assess11 ment produced under subparagraph (A) a list of 

12 circumstances or events that would necessitate 

13 a subsequent review in accordance with sub14 paragraph (A) to ensure that the major rule 

15 continues to meet the regulatory objective of 

16 the major rule. 

17 ‘‘(D) PUBLICATION.—Not later than 180 

18 days after the date on which an agency com19 pletes an assessment of a major rule under sub20 paragraph (A), the agency shall publish promi21 nently on the website of the agency the results 

22 of the assessment, including the circumstances 

23 or events that would necessitate a subsequent 

24 assessment of the major rule under subpara25 graph (C). 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 4264 IS

1 ‘‘(3) AGENCY HEAD RESPONSIBILITIES.—The 

2 head of each agency shall— 

3 ‘‘(A) oversee the timely compliance of the 

4 agency with this subsection; and 

5 ‘‘(B) ensure that the results of each as6 sessment conducted under paragraph (2) are 

7 published promptly in accordance with para8 graph (2)(D). 

9 ‘‘(4) OMB OVERSIGHT.—The Administrator 

10 shall— 

11 ‘‘(A) issue guidance for agencies regarding 

12 the development of the framework under para13 graph (1) and the conduct of the assessments 

14 under paragraph (2)(A); 

15 ‘‘(B) encourage and assist agencies to 

16 streamline and coordinate the assessment of 

17 major rules with similar or related regulatory 

18 objectives; 

19 ‘‘(C) exempt an agency from including the 

20 framework required under paragraph (1)(B) 

21 when publishing a final major rule, if— 

22 ‘‘(i) the agency did not issue a notice 

23 of proposed rule making for the major rule 

24 in order to provide a timely response to an 

25 emergency or comply with a statutorily imVerDate Sep 11 2014 01:25 Jun 07, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4264.IS S4264

ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 4264 IS

1 posed deadline, in accordance with para2 graph (6)(B); or 

3 ‘‘(ii) the Administrator determines 

4 that— 

5 ‘‘(I) the major final rule falls 

6 within a category of major rules that 

7 are routine or periodic in nature, in8 cluding those issued on an annual 

9 basis in order to put in place annual 

10 spending programs; or 

11 ‘‘(II) for any other reason, the 

12 conduct of an assessment would be 

13 impracticable, unnecessary, or con14 trary to the public interest; and 

15 ‘‘(D) extend the deadline specified by an 

16 agency for an assessment of a major rule under 

17 paragraph (1)(B)(iv) or paragraph (2)(C) for a 

18 period of not more than 90 days if the agency 

19 justifies why the agency is unable to complete 

20 the assessment by that deadline. 

21 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

22 this subsection may be construed to affect— 

23 ‘‘(A) the authority of an agency to assess 

24 or modify a major rule of the agency earlier 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 4264 IS

1 than the end of the time frame specified for the 

2 major rule under paragraph (1)(B)(iv); or 

3 ‘‘(B) any other provision of law that re4 quires an agency to conduct retrospective re5 views of rules issued by the agency. 

6 ‘‘(6) APPLICABILITY.— 

7 ‘‘(A) IN GENERAL.—This subsection shall 

8 not apply to— 

9 ‘‘(i) a major rule of an agency— 

10 ‘‘(I) that the Administrator re11 viewed before the date of enactment of 

12 this subsection; 

13 ‘‘(II) for which the agency is re14 quired to conduct a retrospective re15 view under— 

16 ‘‘(aa) section 2222 of the 

17 Economic Growth and Regu18 latory Paperwork Reduction Act 

19 of 1996 (12 U.S.C. 3311); 

20 ‘‘(bb) section 170(d) of the 

21 Financial Stability Act of 2010 

22 (12 U.S.C. 5370(d)); or 

23 ‘‘(cc) any other provision of 

24 law with requirements that the 

25 Administrator determines— 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 4264 IS

1 ‘‘(AA) include robust 

2 public participation; 

3 ‘‘(BB) include signifi4 cant agency consideration 

5 and analysis of whether the 

6 rule is achieving the regu7 latory objective of the rule; 

8 and 

9 ‘‘(CC) meet, are sub10 stantially similar to, or ex11 ceed the requirements of 

12 this subsection; 

13 ‘‘(III) for which the authorizing 

14 statute of the rule is subject to peri15 odic authorization by Congress not 

16 less frequently than once every 10 

17 years; or 

18 ‘‘(IV) for which the authorizing 

19 statute of the rule requires the pro20 mulgation of a new or revised rule not 

21 less frequently than once every 10 

22 years; or 

23 ‘‘(ii) interpretative rules, general 

24 statements of policy, or rules of agency or25 ganization, procedure, or practice. 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 4264 IS

1 ‘‘(B) GOOD CAUSE EXEMPTION.—In the 

2 case of a major rule for which an agency has 

3 not issued a notice of proposed rule making, the 

4 agency shall publish the framework required 

5 under paragraph (1)(B) in the Federal Register 

6 not later than 6 months after the date on which 

7 the agency publishes the final major rule. 

8 ‘‘(7) JUDICIAL REVIEW.— 

9 ‘‘(A) IN GENERAL.—Judicial review of 

10 agency compliance with this subsection— 

11 ‘‘(i) shall be strictly limited to— 

12 ‘‘(I) whether an agency published 

13 the framework for assessment of a 

14 major rule described in paragraph (1); 

15 or 

16 ‘‘(II) whether an agency pub17 lished the assessment or subsequent 

18 assessment of a major rule described 

19 in subparagraphs (A), (C), and (D) of 

20 paragraph (2); and 

21 ‘‘(ii) shall not include a substantive 

22 review of the framework, assessment, or 

23 action of an agency under this subsection. 

24 ‘‘(B) REMEDY AVAILABLE.—In granting 

25 relief in an action brought under subparagraph 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 4264 IS

1 (A), a court may only issue an order remanding 

2 the major rule to the agency to comply with 

3 paragraph (1) or subparagraph (A), (C), or (D) 

4 of paragraph (2), as applicable. 

5 ‘‘(C) EFFECTIVE DATE OF MAJOR RULE.— 

6 If, in an action brought under subparagraph 

7 (A)(i), a court determines that the agency did 

8 not comply, the major rule shall take effect not9 withstanding any order issued by the court. 

10 ‘‘(D) ADMINISTRATOR.—Any determina11 tion, action, or inaction of the Administrator 

12 shall not be subject to judicial review.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as may be 

15 necessary to carry out the amendments made by sub16 section (a). 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS