II 112th CONGRESS 1st Session S. 1530 IN THE SENATE OF THE UNITED STATES September 8, 2011 Mr. Johanns (for himself, Mr. Barrasso, Ms. Collins, Mr. Inhofe, Ms. Snowe, Mr. Paul, Mr. Johnson of Wisconsin, Mr. Grassley, and Mr. Enzi) 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.

1.

Short title

This Act may be cited as the Closing Regulatory Loopholes Act of 2011.

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 any agency as that term is defined under section 551(1); (2)the term guidance document means an agency statement of general applicability and future effect, 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 and the amendments made by that Act; (5)the term regulatory action means any substantive action by an 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 such term in section 551, except that such 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 agency management or personnel; or (C)any rule of 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)(1)— (i)in subparagraph (A)— (I)by inserting or guidance document after rule each place that term appears; and (II)by inserting or major guidance document after major 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)the agency's actions relevant to sections 603, 604, 605, 607, and 609; (III)the agency's actions 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 and any relevant Executive orders. ; and (iii)in subparagraph (C), by inserting or guidance document after rule; (B)in subsection (a) (2), (3), (4), and (5)— (i)by inserting or guidance document after rule each place that term appears; and (ii)by inserting or major guidance document after major rule each place that term appears; and (C)in subsections (b) through (g)— (i)by inserting or guidance document after rule each place that term appears; and (ii)by inserting or major guidance document after major rule; and (2)in section 802— (A)in subsection (a) 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. .