S 320 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 320CommentsClose CommentsPermalink

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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 13, 2013CommentsClose CommentsPermalink

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 AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Closing Regulatory Loopholes Act of 2013’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘Sec. 804. Definitions

‘In this chapter--CommentsClose CommentsPermalink





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





‘(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;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





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





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





‘(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;CommentsClose CommentsPermalink





‘(4) the term ‘major rule’ means--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





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





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





‘(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; andCommentsClose CommentsPermalink





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





‘(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; andCommentsClose CommentsPermalink





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





‘(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;CommentsClose CommentsPermalink





‘(B) any rule relating to a Federal agency management or personnel; orCommentsClose CommentsPermalink





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





(b) Application to Guidance Documents- Chapter 8 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 801--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in paragraph (1)--CommentsClose CommentsPermalink





(I) in subparagraph (A)--CommentsClose CommentsPermalink

(aa) in the matter preceding clause (i), by inserting ‘or guidance document’ after ‘rule’ each place it appears;CommentsClose CommentsPermalink

(bb) in clause (i), by inserting ‘or guidance document’ after ‘rule’;CommentsClose CommentsPermalink

(cc) in clause (ii)--CommentsClose CommentsPermalink

(AA) by inserting ‘or guidance document’ after ‘the rule’; andCommentsClose CommentsPermalink

(BB) by inserting ‘or major guidance document’ after ‘major rule’; andCommentsClose CommentsPermalink

(dd) in clause (iii), by inserting ‘or guidance document’ after ‘rule’;CommentsClose CommentsPermalink

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





‘(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--CommentsClose CommentsPermalink





‘(i) in the case of a rule--CommentsClose CommentsPermalink





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





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





‘(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;CommentsClose CommentsPermalink





‘(ii) in the case of a guidance document, any relevant agency actions; andCommentsClose CommentsPermalink





‘(iii) any other relevant information or requirements under any other Act or any relevant Executive order.’; andCommentsClose CommentsPermalink





(III) in subparagraph (C), by inserting ‘or guidance document’ after ‘rule’;CommentsClose CommentsPermalink





(ii) in paragraph (2)(A), by inserting ‘or major guidance document’ after ‘major rule’;CommentsClose CommentsPermalink





(iii) in paragraph (3)--CommentsClose CommentsPermalink





(I) in the matter preceding subparagraph (A), by inserting ‘or major guidance document’ after ‘major rule’; andCommentsClose CommentsPermalink





(II) in subparagraphs (A), (B), and (C), by inserting ‘or guidance document’ after ‘rule’ each place it appears;CommentsClose CommentsPermalink





(iv) in paragraph (4)--CommentsClose CommentsPermalink





(I) by inserting ‘or major guidance document’ after ‘major rule’; andCommentsClose CommentsPermalink





(II) by inserting ‘or guidance document’ after ‘a rule’; andCommentsClose CommentsPermalink





(v) in paragraph (5), by inserting ‘or guidance document’ after ‘rule’;CommentsClose CommentsPermalink





(B) in subsections (b), (c), and (d), by inserting ‘or guidance document’ after ‘rule’ each place it appears; andCommentsClose CommentsPermalink





(C) in subsections (f) and (g), by inserting ‘or guidance document’ after ‘rule’ each place that term appears;CommentsClose CommentsPermalink





(2) in section 802--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) by inserting ‘in the case of a rule,’ after ‘as follows:’; andCommentsClose CommentsPermalink





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





(B) in subsection (b)(2)(B), by inserting ‘or guidance document’ after ‘rule’; andCommentsClose CommentsPermalink





(C) in subsection (e), by inserting ‘or guidance document’ after ‘rule’;CommentsClose CommentsPermalink





(3) in section 803(a)--CommentsClose CommentsPermalink





(A) by inserting ‘or guidance document’ after ‘rule’; andCommentsClose CommentsPermalink





(B) by inserting ‘or guidance document’s’ after ‘rule’s’;CommentsClose CommentsPermalink





(4) in section 807, by inserting ‘or guidance documents’ after ‘rules’;CommentsClose CommentsPermalink





(5) in section 808--CommentsClose CommentsPermalink





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

‘Sec. 808. Effective date of certain rules or guidance documents’;

andCommentsClose CommentsPermalink





(B) by inserting ‘or guidance document’ after ‘rule’ each place that term appears; andCommentsClose CommentsPermalink





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





‘808. Effective date of certain rules or guidance documents.’.CommentsClose CommentsPermalink