[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 786 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 786

    To require agencies to quantify costs associated with proposed 
     economically significant regulations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2013

  Mr. Roberts introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To require agencies to quantify costs associated with proposed 
     economically significant regulations, and for other purposes.

    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 ``Restoring Honesty for our Economy 
Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' means any authority of the United 
        States that is--
                    (A) an agency as defined under section 3502(1) of 
                title 44, United States Code; and
                    (B) shall include an independent regulatory agency 
                as defined under section 3502(5) of title 44, United 
                States Code;
            (2) the term ``regulation''--
                    (A) means an agency statement of general 
                applicability and future effect, which the agency 
                intends to have the force and effect of law, that is 
                designed to implement, interpret, or prescribe law or 
                policy or to describe the procedure or practice 
                requirements of an agency; and
                    (B) shall not include--
                            (i) a regulation issued in accordance with 
                        the formal rulemaking provisions of sections 
                        556 and 557 of title 5, United States Code;
                            (ii) a regulation that pertains to a 
                        military or foreign affairs function of the 
                        United States, other than procurement 
                        regulations and regulations involving the 
                        import or export of non-defense articles and 
                        services; or
                            (iii) a regulation that is limited to 
                        agency organization, management, or personnel 
                        matters; and
            (3) the term ``economically significant regulation'' means 
        any regulation that--
                    (A) has an annual effect on the economy of 
                $100,000,000 or more; or
                    (B) adversely affects in a material way the 
                economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, or State, local, or tribal governments or 
                communities.

SEC. 3. FINALIZATION OF PROPOSED ECONOMICALLY SIGNIFICANT REGULATIONS.

    A proposed economically significant regulation may not be finalized 
unless the proposed economically significant regulation--
            (1) identifies and quantifies all costs associated with the 
        proposed economically significant regulation; or
            (2) describes why it is not possible for the agency to 
        identify or quantify all costs associated with the proposed 
        economically significant regulation.

SEC. 4. JUDICIAL REVIEW.

    Any person may file a petition for judicial review of the agency 
action required under section 3 within the United States Court of 
Appeals for the District of Columbia Circuit or for the circuit in 
which such person resides or in which such person's principal place of 
business is located. Courts of appeals of the United States shall have 
exclusive jurisdiction of any action to obtain judicial review (other 
than in an enforcement proceeding) of such an action if any district 
court of the United States would have had jurisdiction of such action 
but for this section.
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