II 

Calendar No. 672 

117TH CONGRESS 

2D SESSION S. 2801 

[Report No. 117–273] 

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 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

Ms. SINEMA (for herself and Mr. LANKFORD) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 19, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Analysis Requirements in Text Act of 2021’’ or the 

4 ‘‘SMART Act of 2021’’. 

5 SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO 

6 NEW MAJOR RULES. 

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

8 5, United States Code, is amended— 

9 (1) in section 551— 

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

11 and inserting a semicolon; 

12 (B) in paragraph (14), by striking the pe13 riod at the end and inserting a semicolon; and 

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

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

16 of the Office of Information and Regulatory Affairs 

17 of the Office of Management and Budget established 

18 under section 3503 of title 44 and any successor to 

19 that office; and 

20 ‘‘(16) ‘major rule’ means any rule that the Ad21 ministrator finds has resulted in or is likely to result 

22 in— 

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

24 $100,000,000 or more; 

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

26 consumers, individual industries, Federal, 


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1 State, or local government agencies, or geo2 graphic regions; or 

3 ‘‘(C) significant effects on competition, em4 ployment, investment, productivity, innovation, 

5 health, safety, the environment, or on the abil6 ity of United States-based enterprises to com7 pete with foreign-based enterprises in domestic 

8 and export markets.’’; and 

9 (2) in section 553, by adding at the end the fol10 lowing: 

11 ‘‘(f) MAJOR RULE FRAMEWORKS.— 

12 ‘‘(1) IN GENERAL.—Beginning 180 days after 

13 the date of enactment of this subsection, when an 

14 agency publishes in the Federal Register— 

15 ‘‘(A) a proposed major rule, the agency 

16 shall include a potential framework for assess17 ing the major rule, which shall include a gen18 eral statement of how the agency intends to 

19 measure the effectiveness of the major rule; or 

20 ‘‘(B) a final major rule, the agency shall 

21 include a framework for assessing the major 

22 rule under paragraph (2), which shall include— 

23 ‘‘(i) a statement of the regulatory ob24 jectives of the major rule, including a sumVerDate Sep 11 2014 06:46 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2801.RS S2801

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1 mary of the societal benefit and cost of the 

2 major rule; 

3 ‘‘(ii) the methodology by which the 

4 agency plans to analyze the major rule, in5 cluding metrics by which the agency can 

6 measure— 

7 ‘‘(I) the effectiveness and bene8 fits of the major rule in producing the 

9 regulatory objectives of the major 

10 rule; and 

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

12 major rule on regulated and other af13 fected entities; 

14 ‘‘(iii) a plan for gathering data re15 garding the metrics described in clause (ii) 

16 on an ongoing basis, or at periodic times, 

17 including a method by which the agency 

18 will invite the public to participate in the 

19 review process and seek input from other 

20 agencies; and 

21 ‘‘(iv) a specific time frame, as appro22 priate to the major rule and not more than 

23 10 years after the effective date of the 

24 major rule, under which the agency shall 


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1 conduct the assessment of the major rule 

2 in accordance 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 to determine whether the regu10 latory objective is being achieved— 

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

12 and costs of the major rule may have var13 ied from those anticipated at the time the 

14 major rule was issued; and 

15 ‘‘(ii) to determine whether— 

16 ‘‘(I) the major rule is accom17 plishing the regulatory objective; 

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, duplicates, or conVerDate Sep 11 2014 06:46 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2801.RS S2801

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1 flicts with other rules or, to the 

2 extent feasible, State and local 

3 government regulations; 

4 ‘‘(III) the major rule needs to be 

5 improved in order to accomplish the 

6 regulatory objective; and 

7 ‘‘(IV) other alternatives to the 

8 major rule or a modification of the 

9 major rule could better achieve the 

10 regulatory objective while imposing a 

11 smaller burden on society or increase 

12 net benefits, taking into consideration 

13 any cost already incurred. 

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

15 agency uses a methodology other than the 

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

17 to assess data under subparagraph (A), the 

18 agency shall include as part of the notice re19 quired under subparagraph (D) an explanation 

20 of the changes in circumstances that militated 

21 the use of that other methodology. 

22 ‘‘(C) SUBSEQUENT ASSESSMENTS.—If, 

23 after an assessment of a major rule under sub24 paragraph (A), an agency determines that the 


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1 major rule will remain in effect with or without 

2 modification, the agency shall— 

3 ‘‘(i) in consultation with the Adminis4 trator, include with the assessment pro5 duced under subparagraph (A) a list of cir6 cumstances or events that would neces7 sitate a subsequent review in accordance 

8 with subparagraph (A) to ensure that the 

9 major rule continues to meet the regu10 latory objective; and 

11 ‘‘(ii) develop a mechanism for the 

12 public to petition for a subsequent review 

13 of the major rule, which the head of the 

14 agency shall grant or deny. 

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

16 days after the date on which an agency com17 pletes an assessment of a major rule under sub18 paragraph (A), the agency shall publish a notice 

19 of availability of the results of the assessment 

20 in the Federal Register, including the specific 

21 circumstances or events that would necessitate 

22 a subsequent assessment of the major rule 

23 under subparagraph (C)(i). 

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

25 head of each agency shall— 


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

2 agency with this subsection; and 

3 ‘‘(B) ensure that the results of each as4 sessment conducted under paragraph (2)(A) 

5 are— 

6 ‘‘(i) published promptly on a central7 ized Federal website; and 

8 ‘‘(ii) noticed in the Federal Register 

9 in accordance with paragraph (2)(D). 

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

11 shall— 

12 ‘‘(A) issue guidance for agencies regarding 

13 the development of the framework under para14 graph (1) and the conduct of the assessments 

15 under paragraph (2)(A); 

16 ‘‘(B) encourage and assist agencies to 

17 streamline and coordinate the assessment of 

18 major rules with similar or related regulatory 

19 objectives; 

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

21 framework required under paragraph (1)(B) 

22 when publishing a final major rule, if the agen23 cy did not issue a notice of proposed rule mak24 ing for the major rule in order to provide a 

25 timely response to an emergency or comply with 


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1 a statutorily imposed deadline, in accordance 

2 with paragraph (6)(B); and 

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

4 agency for an assessment of a major rule under 

5 paragraph (1)(B)(iv) or paragraph (2)(C)(i) for 

6 a period of not more than 90 days if the agency 

7 justifies why the agency is unable to complete 

8 the assessment by that deadline. 

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

10 this subsection may be construed to affect— 

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

12 or modify a major rule of the agency earlier 

13 than the end of the time frame specified for the 

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

15 ‘‘(B) any other provision of law that re16 quires an agency to conduct retrospective re17 views of rules issued by the agency. 

18 ‘‘(6) APPLICABILITY.— 

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

20 not apply to— 

21 ‘‘(i) a major rule of an agency— 

22 ‘‘(I) that the Administrator re23 viewed before the date of enactment of 

24 this subsection; 


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1 ‘‘(II) for which the agency is re2 quired to conduct a retrospective re3 view under— 

4 ‘‘(aa) section 2222 of the 

5 Economic Growth and Regu6 latory Paperwork Reduction Act 

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

8 ‘‘(bb) section 170(d) of the 

9 Financial Stability Act of 2010 

10 (12 U.S.C. 5370(d)); or 

11 ‘‘(cc) any other provision of 

12 law with requirements that the 

13 Administrator determines— 

14 ‘‘(AA) include robust 

15 public participation; 

16 ‘‘(BB) include signifi17 cant agency consideration 

18 and analysis of whether the 

19 rule is achieving the regu20 latory objective of the rule; 

21 and 

22 ‘‘(CC) meet, are sub23 stantially similar to, or ex24 ceed the requirements of 

25 this subsection; 


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1 ‘‘(III) for which the authorizing 

2 statute of the rule is subject to peri3 odic authorization by Congress not 

4 less frequently than once every 10 

5 years; or 

6 ‘‘(IV) for which the authorizing 

7 statute of the rule requires the pro8 mulgation of a new or revised rule not 

9 less frequently than once every 10 

10 years; or 

11 ‘‘(ii) interpretative rules, general 

12 statements of policy, or rules of agency or13 ganization, procedure, or practice. 

14 ‘‘(B) DIRECT AND INTERIM FINAL MAJOR

15 RULE.—In the case of a major rule for which 

16 the agency is not required to issue a notice of 

17 proposed rule making in response to an emer18 gency or a statutorily imposed deadline, the 

19 agency shall publish the framework required 

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

21 not later than 6 months after the date on which 

22 the agency publishes the final major rule. 

23 ‘‘(7) JUDICIAL REVIEW.— 


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

2 agency compliance with this subsection is lim3 ited to— 

4 ‘‘(i) whether an agency published the 

5 framework for assessment of a major rule 

6 in accordance with paragraph (1); or 

7 ‘‘(ii) whether an agency completed 

8 and published the required assessment or 

9 subsequent assessment of a major rule in 

10 accordance with subparagraphs (A), (C), 

11 and (D) of paragraph (2). 

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

13 relief in an action brought under subparagraph 

14 (A), the court may only issue an order remand15 ing the major rule to the agency to comply with 

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

17 of paragraph (2), as applicable. 

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

19 If, in an action brought under subparagraph 

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

21 not comply, the major rule shall take effect not22 withstanding any order issued by the court. 

23 ‘‘(D) ADMINISTRATOR.—Any determina24 tion, action, or inaction of the Administrator 

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


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out the amendments made by sub4 section (a). 

5 SECTION 1. SHORT TITLE. 

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

7 Analysis Requirements in Text Act of 2022’’ or the 

8 ‘‘SMART Act of 2022’’. 

9 SEC. 2. INCORPORATING RETROSPECTIVE REVIEW INTO 

10 NEW MAJOR RULES. 

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

12 5, United States Code, is amended— 

13 (1) in section 551— 

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

15 and inserting a semicolon; 

16 (B) in paragraph (14), by striking the pe17 riod at the end and inserting a semicolon; and 

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

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

20 of the Office of Information and Regulatory Affairs of 

21 the Office of Management and Budget established 

22 under section 3503 of title 44 and any successor to 

23 that office; and 


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1 ‘‘(16) ‘major rule’ means any rule that the Ad2 ministrator finds has resulted in or is likely to result 

3 in— 

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

5 $100,000,000 or more; 

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

7 consumers, individual industries, Federal, State, 

8 or local government agencies, or geographic re9 gions; or 

10 ‘‘(C) significant adverse effects on competi11 tion, employment, investment, productivity, in12 novation, health, safety, the environment, or the 

13 ability of United States-based enterprises to com14 pete with foreign-based enterprises in domestic 

15 and export markets.’’; and 

16 (2) in section 553, by adding at the end the fol17 lowing: 

18 ‘‘(f) MAJOR RULE FRAMEWORKS.— 

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

20 is 1 year after the date of enactment of this sub21 section— 

22 ‘‘(A) with respect to a proposed rule pub23 lished by an agency in the Federal Register that 

24 the agency reasonably expects would meet the 

25 definition of a major rule, the agency shall inVerDate Sep 11 2014 06:46 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\S2801.RS S2801

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1 clude a potential framework for assessing the im2 plemented rule, which shall include a general 

3 statement of how the agency intends to measure 

4 the effectiveness of the rule; and 

5 ‘‘(B) with respect to a final major rule pub6 lished by an agency in the Federal Register, in7 cluding a major rule that the agency did not ini8 tially reasonably expect would meet the defini9 tion of a major rule under subparagraph (A), the 

10 agency shall include a framework for assessing 

11 the major rule under paragraph (2), which shall 

12 include— 

13 ‘‘(i) a statement of the regulatory ob14 jectives of the major rule, including a sum15 mary of the societal benefit and cost of the 

16 major rule; 

17 ‘‘(ii) the methodology by which the 

18 agency plans to analyze the qualitative and 

19 quantitative outcomes of the major rule so 

20 that the agency can assess— 

21 ‘‘(I) the effectiveness and benefits 

22 of the major rule in producing the reg23 ulatory objectives of the major rule; 

24 and 


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

2 major rule on regulated and other af3 fected entities; 

4 ‘‘(iii) a plan for gathering data, in5 cluding public input, regarding the method6 ology described in clause (ii) on an ongoing 

7 basis or at periodic times; and 

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

9 the major rule and not more than 10 years 

10 after the effective date of the major rule, 

11 under which the agency shall conduct the 

12 assessment of the major rule in accordance 

13 with paragraph (2)(A). 

14 ‘‘(2) ASSESSMENT.— 

15 ‘‘(A) IN GENERAL.—Each agency shall as16 sess the data gathered under paragraph 

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

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

19 methodology developed after the issuance of a 

20 final major rule— 

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

22 and costs of the major rule may have varied 

23 from those anticipated at the time the major 

24 rule was issued; and 

25 ‘‘(ii) to determine whether— 


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1 ‘‘(I) the major rule is accom2 plishing the regulatory objective of the 

3 major rule; 

4 ‘‘(II) the major rule has been ren5 dered unnecessary, taking into consid6 eration— 

7 ‘‘(aa) changes in the subject 

8 area affected by the major rule; 

9 and 

10 ‘‘(bb) whether the major rule 

11 overlaps, duplicates, or conflicts 

12 with other rules or, to the extent 

13 feasible, State and local govern14 ment regulations; 

15 ‘‘(III) the major rule needs to be 

16 expanded, streamlined, or otherwise 

17 modified in order to accomplish the 

18 regulatory objective of the major rule; 

19 and 

20 ‘‘(IV) other alternatives to the 

21 major rule or a modification of the 

22 major rule could better achieve the reg23 ulatory objective of the major rule by 

24 increasing the benefits of the major 

25 rule or imposing a smaller burden on 


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1 society, or both, taking into consider2 ation any changes in the regulatory 

3 environment that may have made the 

4 major rule more or less necessary or ef5 fective, and any cost already incurred. 

6 ‘‘(B) DIFFERENT METHODOLOGY.—If an 

7 agency uses a methodology other than the meth8 odology set forth in paragraph (1)(B)(ii) to as9 sess data under subparagraph (A), the agency 

10 shall include notification of the revised method11 ology and an explanation of the changes in cir12 cumstances that necessitated the use of that other 

13 methodology as part of the notice required under 

14 subparagraph (D). 

15 ‘‘(C) SUBSEQUENT ASSESSMENTS.—If, after 

16 an assessment of a major rule under subpara17 graph (A), an agency determines that the major 

18 rule will remain in effect with or without modi19 fication, the agency shall, in consultation with 

20 the Administrator, include with the assessment 

21 produced under subparagraph (A) a list of cir22 cumstances or events that would necessitate a 

23 subsequent review in accordance with subpara24 graph (A) to ensure that the major rule conVerDate Sep 11 2014 06:46 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\S2801.RS S2801

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1 tinues to meet the regulatory objective of the 

2 major rule. 

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

4 days after the date on which an agency completes 

5 an assessment of a major rule under subpara6 graph (A), the agency shall publish prominently 

7 on the website of the agency the results of the as8 sessment, including the circumstances or events 

9 that would necessitate a subsequent assessment of 

10 the major rule under subparagraph (C). 

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

12 head of each agency shall— 

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

14 agency with this subsection; and 

15 ‘‘(B) ensure that the results of each assess16 ment conducted under paragraph (2) are pub17 lished promptly in accordance with paragraph 

18 (2)(D). 

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

20 shall— 

21 ‘‘(A) issue guidance for agencies regarding 

22 the development of the framework under para23 graph (1) and the conduct of the assessments 

24 under paragraph (2)(A); 


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1 ‘‘(B) encourage and assist agencies to 

2 streamline and coordinate the assessment of 

3 major rules with similar or related regulatory 

4 objectives; 

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

6 framework required under paragraph (1)(B) 

7 when publishing a final major rule, if— 

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

9 of proposed rule making for the major rule 

10 in order to provide a timely response to an 

11 emergency or comply with a statutorily im12 posed deadline, in accordance with para13 graph (6)(B); or 

14 ‘‘(ii) the Administrator determines 

15 that— 

16 ‘‘(I) the final major rule falls 

17 within a category of major rules that 

18 are routine or periodic in nature, in19 cluding those issued on an annual 

20 basis in order to put in place annual 

21 spending programs; or 

22 ‘‘(II) for any other reason, the 

23 conduct of an assessment would be im24 practicable, unnecessary, or contrary 

25 to the public interest; and 


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

2 agency for an assessment of a major rule under 

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

4 period of not more than 90 days if the agency 

5 justifies why the agency is unable to complete the 

6 assessment by that deadline. 

7 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 

8 subsection may be construed to affect— 

9 ‘‘(A) the authority of an agency to assess or 

10 modify a major rule of the agency earlier than 

11 the end of the time frame specified for the major 

12 rule under paragraph (1)(B)(iv); or 

13 ‘‘(B) any other provision of law that re14 quires an agency to conduct retrospective reviews 

15 of rules issued by the agency. 

16 ‘‘(6) APPLICABILITY.— 

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

18 not apply to— 

19 ‘‘(i) a major rule of an agency— 

20 ‘‘(I) that the Administrator re21 viewed before the date of enactment of 

22 this subsection; 

23 ‘‘(II) for which the agency is re24 quired to conduct a retrospective re25 view under— 


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1 ‘‘(aa) section 2222 of the 

2 Economic Growth and Regulatory 

3 Paperwork Reduction Act of 1996 

4 (12 U.S.C. 3311); 

5 ‘‘(bb) section 170(d) of the 

6 Financial Stability Act of 2010 

7 (12 U.S.C. 5370(d)); or 

8 ‘‘(cc) any other provision of 

9 law with requirements that the 

10 Administrator determines— 

11 ‘‘(AA) include robust 

12 public participation; 

13 ‘‘(BB) include signifi14 cant agency consideration 

15 and analysis of whether the 

16 rule is achieving the regu17 latory objective of the rule; 

18 and 

19 ‘‘(CC) meet, are sub20 stantially similar to, or ex21 ceed the requirements of this 

22 subsection; 

23 ‘‘(III) for which the authorizing 

24 statute of the rule is subject to periodic 


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1 authorization by Congress not less fre2 quently than once every 10 years; or 

3 ‘‘(IV) for which the authorizing 

4 statute of the rule requires the promul5 gation of a new or revised rule not less 

6 frequently than once every 10 years; or 

7 ‘‘(ii) interpretative rules, general state8 ments of policy, or rules of agency organiza9 tion, procedure, or practice. 

10 ‘‘(B) GOOD CAUSE EXEMPTION.—In the case 

11 of a major rule for which the agency has not 

12 issued a notice of proposed rule making, the 

13 agency shall publish the framework required 

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

15 not later than 6 months after the date on which 

16 the agency publishes the final major rule. 

17 ‘‘(7) JUDICIAL REVIEW.— 

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

19 agency compliance with this subsection— 

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

21 ‘‘(I) whether an agency published 

22 the framework for assessment of a 

23 major rule described in paragraph (1); 

24 or 


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1 ‘‘(II) whether an agency published 

2 the assessment or subsequent assess3 ment of a major rule described in sub4 paragraphs (A), (C), and (D) of para5 graph (2); and 

6 ‘‘(ii) shall not include a substantive re7 view of the framework, assessment, or action 

8 of an agency under this subsection. 

9 ‘‘(B) REMEDY AVAILABLE.—In granting re10 lief in an action brought under subparagraph 

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

12 the major rule to the agency to comply with 

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

14 of paragraph (2), as applicable. 

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

16 If, in an action brought under subparagraph 

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

18 not comply, the major rule shall take effect not19 withstanding any order issued by the court. 

20 ‘‘(D) ADMINISTRATOR.—Any determination, 

21 action, or inaction of the Administrator shall not 

22 be subject to judicial review.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated such sums as may be nec25 essary to carry out the amendments made by subsection (a). 


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Calendar No. 672 

117TH CONGRESS 

2D SESSION S. 2801 

[Report No. 117–273] 

A BILL 

To amend title 5, United States Code, to improve 

spective review, and for other purposes. their regulatory objectives by promoting retrothe effectiveness of major rules in accomplishing 

DECEMBER 19, 2022 

Reported with an amendment 


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