Text: S.320 — 113th Congress (2013-2014)All Information (Except Text)

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Introduced in Senate (02/13/2013)


113th CONGRESS
1st Session
S. 320


To amend chapter 8 of title 5, United States Code, to provide for congressional review of agency guidance documents.


IN THE SENATE OF THE UNITED STATES

February 13, 2013

Mr. Johanns (for himself, Mr. Barrasso, Mr. Paul, Ms. Collins, Mr. Grassley, Mr. Coats, Mr. Johnson of Wisconsin, and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL

To amend chapter 8 of title 5, United States Code, to provide for congressional review of agency guidance documents.

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

SECTION 1. Short title.

This Act may be cited as the “Closing Regulatory Loopholes Act of 2013”.

SEC. 2. Congressional review of agency guidance documents.

(a) Definitions.—Chapter 8 of title 5, United States Code, is amended by striking section 804 and inserting the following:

§ 804. Definitions

“In this chapter—

“(1) the term ‘Federal agency’ means an agency, as that term is defined under section 551;

“(2) the term ‘guidance document’ means a statement of general applicability and future effect by a Federal agency, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue;

“(3) the term ‘major guidance document’ means any guidance document that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in—

“(A) an annual effect on the economy of $100,000,000 or more;

“(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

“(C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets;

“(4) the term ‘major rule’ means—

“(A) any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in—

“(i) an annual effect on the economy of $100,000,000 or more;

“(ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

“(iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and

“(B) does not include any rule promulgated under the Telecommunications Act of 1996 or the amendments made by that Act;

“(5) the term ‘regulatory action’ means any substantive action by a Federal agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; and

“(6) the term ‘rule’ has the meaning given the term in section 551, except that the term does not include—

“(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;

“(B) any rule relating to a Federal agency management or personnel; or

“(C) any rule of a Federal agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.”.

(b) Application to guidance documents.—Chapter 8 of title 5, United States Code, is amended—

(1) in section 801—

(A) in subsection (a)—

(i) in paragraph (1)—

(I) in subparagraph (A)—

(aa) in the matter preceding clause (i), by inserting “or guidance document” after “rule” each place it appears;

(bb) in clause (i), by inserting “or guidance document” after “rule”;

(cc) in clause (ii)—

(AA) by inserting “or guidance document” after “the rule”; and

(BB) by inserting “or major guidance document” after “major rule”; and

(dd) in clause (iii), by inserting “or guidance document” after “rule”;

(II) by striking subparagraph (B) and inserting the following:

“(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule or guidance document shall submit to the Comptroller General and make available to each House of Congress—

“(i) in the case of a rule—

“(I) a complete copy of the cost-benefit analysis of the rule, if any;

“(II) a description of the actions of the Federal agency relevant to sections 603, 604, 605, 607, and 609; and

“(III) a description of the actions of the Federal agency relevant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995;

“(ii) in the case of a guidance document, any relevant agency actions; and

“(iii) any other relevant information or requirements under any other Act or any relevant Executive order.”; and

(III) in subparagraph (C), by inserting “or guidance document” after “rule”;

(ii) in paragraph (2)(A), by inserting “or major guidance document” after “major rule”;

(iii) in paragraph (3)—

(I) in the matter preceding subparagraph (A), by inserting “or major guidance document” after “major rule”; and

(II) in subparagraphs (A), (B), and (C), by inserting “or guidance document” after “rule” each place it appears;

(iv) in paragraph (4)—

(I) by inserting “or major guidance document” after “major rule”; and

(II) by inserting “or guidance document” after “a rule”; and

(v) in paragraph (5), by inserting “or guidance document” after “rule”;

(B) in subsections (b), (c), and (d), by inserting “or guidance document” after “rule” each place it appears; and

(C) in subsections (f) and (g), by inserting “or guidance document” after “rule” each place that term appears;

(2) in section 802—

(A) in subsection (a)—

(i) by inserting “in the case of a rule,” after “as follows:”; and

(ii) by inserting “or in the case of a guidance document, ‘That Congress disapproves the guidance document submitted by the __ relating to __, and such guidance document shall have no force or effect.’ (The blank spaces being appropriately filled in)” before the period;

(B) in subsection (b)(2)(B), by inserting “or guidance document” after “rule”; and

(C) in subsection (e), by inserting “or guidance document” after “rule”;

(3) in section 803(a)—

(A) by inserting “or guidance document” after “rule”; and

(B) by inserting “or guidance document's” after “rule's”;

(4) in section 807, by inserting “or guidance documents” after “rules”;

(5) in section 808—

(A) by striking the section heading and inserting the following:

§ 808. Effective date of certain rules or guidance documents”;

and

(B) by inserting “or guidance document” after “rule” each place that term appears; and

(6) in the table of sections by striking the item relating to section 808 and inserting the following:


“808. Effective date of certain rules or guidance documents.”.