SMART Act of 2025
Sponsored By: Senator Lankford, James [R-OK]
Introduced
Summary
This bill would force agencies to build and publish regular, evidence-based reviews that check whether major regulations actually achieved their goals. It would also set a clear test for what counts as a "major rule" so agencies know which regulations need that extra scrutiny.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
Limits on court review of assessments
If enacted, courts could only review whether an agency published the required framework or published the required assessment. Courts could remand a rule for compliance, but they could not block the rule, and the rule would remain in effect even if a court found noncompliance. The bill would also bar judicial review of the Administrator's actions under the law. These limits would take effect upon enactment.
What counts as a major rule
This bill would define a "major rule" as any rule likely to affect the economy by $100,000,000 or more per year, or one that greatly raises costs or harms competition, jobs, health, safety, or the environment. If enacted, that label would decide which agency rules must get extra assessment and review. The definition would take effect upon enactment.
Standard plans and reviews for major rules
If enacted, agencies would have to publish a plan for measuring any proposed rule they expect to be major and a full assessment plan for every final major rule. Plans must list goals, expected benefits and costs, methods, public data plans, and a deadline to assess the rule no later than 10 years after the rule takes effect. Agencies must run the assessment, compare actual costs and benefits to expectations, and post results on their website within 180 days after finishing. Agencies could still review or change a rule earlier than the scheduled assessment. Some rules would be excluded from these duties, as listed in the bill. These duties would start one year after enactment.
OIRA powers, exemptions, and funding
If enacted, the bill would make the OIRA head the named "Administrator" and give that official new roles. The Administrator could exempt some final major rules from the assessment plan in emergencies, tight statutory deadlines, routine or impracticable cases, or when it would harm the public interest. The Administrator would issue guidance to agencies and encourage coordinated reviews. OIRA could also extend an agency's assessment deadline by up to 90 days if justified. Congress would be allowed to appropriate "such sums as may be necessary" to carry out these duties. These provisions would start one year after enactment.
Sponsors & CoSponsors
Sponsor
Lankford, James [R-OK]
OK • R
Cosponsors
Sen. Capito, Shelley Moore [R-WV]
WV • R
Sponsored 1/13/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov