Question 1

What does S76 do?

Accepted Answer

The SMART Act of 2025 establishes a comprehensive framework for retrospective review of major federal regulations by requiring agencies to assess whether their rules achieve intended objectives and produce anticipated benefits and costs. The legislation amends Subchapter II of chapter 5 of title 5, United States Code, to mandate that federal agencies incorporate systematic evaluation mechanisms into new major rules from their inception. The Act addresses a longstanding gap in regulatory practice by requiring agencies to not only predict the effects of regulations before implementation but also to measure actual outcomes after rules take effect. This retrospective review requirement applies to major rules, defined as those with an annual economic effect of $100 million or more, those causing major increases in costs or prices across sectors, or those producing significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the competitive position of U.S. enterprises. The legislation seeks to improve regulatory effectiveness by creating accountability mechanisms that compare predicted regulatory outcomes against actual results and require agencies to determine whether rules are accomplishing their stated objectives.

Question 2

Who sponsored S76?

Accepted Answer

James Lankford, Shelley Capito

Question 3

What is the status of S76?

Accepted Answer

Introduced as of January 13, 2025.

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