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S.320 - Closing Regulatory Loopholes Act of 2013
A bill to amend chapter 8 of title 5, United States Code, to provide for congressional review of agency guidance documents.
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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
SECTION 1. SHORT TITLE.
SEC. 2. CONGRESSIONAL REVIEW OF AGENCY GUIDANCE DOCUMENTS.
‘Sec. 804. Definitions
‘(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
‘(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
‘(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
‘(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
‘(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
‘(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) 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
(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
‘Sec. 808. Effective date of certain rules or guidance documents’;