[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 787 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 787

    To require agencies to set forth reasons for determining that a 
               proposed regulatory action is significant.


_______________________________________________________________________


                   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 set forth reasons for determining that a 
               proposed regulatory action is significant.

    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 Integrity to our 
Government 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;
            (3) 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
            (4) the term ``significant regulatory action'' means any 
        regulatory action that is likely to result in a regulation that 
        may--
                    (A) have an annual effect on the economy of 
                $100,000,000 or more or adversely affect 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;
                    (B) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    (C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligation of recipients thereof;
                    (D) add to the national debt; or
                    (E) raise novel legal or policy issues arising out 
                of legal mandates, the President's priorities, or the 
                principles set forth in this Act.

SEC. 3. FINALIZATION OF PROPOSED SIGNIFICANT REGULATORY ACTIONS.

    A proposed significant regulatory action may not be finalized 
unless the proposed significant regulatory action includes the reason 
or reasons why the agency proposing the significant regulatory action 
determined that the proposed significant regulatory action is a 
significant regulatory action.
                                 <all>