IN THE SENATE OF THE UNITED STATES
April 23, 2013
Mr. Robertsintroduced the following bill; which was read twice and referred to theCommittee on Homeland Security and Governmental Affairs
To require agencies to set forth reasons for determining that a proposed regulatory action is significant.
This Act may be cited as
Restoring Integrity to our
In this Act—
the termagencymeans any authority of the United States that is—
an agency as defined under section 3502(1)of title 44, United States Code; and
shall include an independent regulatory agency as defined under section 3502(5)of title 44, United States Code;
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
shall not include—
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
a regulation that is limited to agency organization, management, or personnel matters;
the termregulatory actionmeans 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
the termsignificant regulatory actionmeans any regulatory action that is likely to result in a regulation that may—
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;
create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligation of recipients thereof;
add to the national debt; or
raise novel legal or policy issues arising out of legal mandates, thePresident'spriorities, or the principles set forth in this Act.
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.