[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 320 Introduced in Senate (IS)]

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:
``Sec. 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:
``Sec. 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.''.
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