,,ii #aacth ,,congress #ast ,session ,s4 #cbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjac ,mr4 ,johanns 7for himself1 ,mr4 ,barrasso1 ,mr4 ,paul1 ,ms4 ,collins1 ,mr4 ,grassley1 ,mr4 ,coats1 ,mr4 ,johnson of ,wisconsin1 and ,mrs4 ,fischer7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #h of title #e1 ,united ,states ,code1 to provide for congressional review of agency guidance documents4 #a4 ,short title ,this ,act may be cited as the ,closing ,regulatory ,loopholes ,act of #bjac4 #b4 ,congressional review of agency guidance documents 7a7 ,definitions ,chapter #h of title #e1 ,united ,states ,code1 is amended by striking section #hjd and inserting the following3 #hjd4 ,definitions ,in this chapter-- 7#a7 the term ,federal agency means an agency1 as that term is defined under section #eea2 7#b7 the term guidance document means a statement of general applicability and future effect by a ,federal agency1 other than a regulatory action1 that sets forth a policy on a statutory1 regulatory1 or technical issue or an interpretation of a statutory or regulatory issue2 7#c7 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-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 7#d7 the term major rule means-- 7,a7 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-- 7i7 an annual effect on the economy of #ajj1jjj1jjj or more2 7ii7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7iii7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 and 7,b7 does not include any rule promulgated under the ,telecommunications ,act of #aiif or the amendments made by that ,act2 7#e7 the term regulatory action means any substantive action by a ,federal agency 7normally published in the ,federal ,register7 that promulgates or is expected to lead to the promulgation of a final regulation1 including notices of inquiry1 advance notices of proposed rulemaking1 and notices of proposed rulemaking2 and 7#f7 the term rule has the meaning given the term in section #eea1 except that the term does not include-- 7,a7 any rule of particular applicability1 including a rule that approves or prescribes for the future rates1 wages1 prices1 services1 or allowances therefor1 corporate or financial structures1 reorganizations1 mergers1 or acquisitions thereof1 or accounting practices or disclosures bearing on any of the foregoing2 7,b7 any rule relating to a ,federal agency management or personnel2 or 7,c7 any rule of a ,federal agency organization1 procedure1 or practice that does not substantially affect the rights or obligations of non-agency parties4 4 7b7 ,application to guidance documents ,chapter #h of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #hja-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 in the matter preceding clause 7i71 by inserting or guidance document after rule each place it appears2 7bb7 in clause 7i71 by inserting or guidance document after rule2 7cc7 in clause 7ii7-- 7,,aa7 by inserting or guidance document after the rule2 and 7,,bb7 by inserting or major guidance document after major rule2 and 7dd7 in clause 7iii71 by inserting or guidance document after rule2 7,,ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,on the date of the submission of the report under subparagraph 7,a71 the ,federal agency promulgating the rule or guidance document shall submit to the ,comptroller ,general and make available to each ,house of ,congress-- 7i7 in the case of a rule-- 7,i7 a complete copy of the cost-benefit analysis of the rule1 if any2 7,,ii7 a description of the actions of the ,federal agency relevant to sections #fjc1 #fjd1 #fje1 #fjg1 and #fji2 and 7,,iii7 a description of the actions of the ,federal agency relevant to sections #bjb1 #bjc1 #bjd1 and #bje of the ,unfunded ,mandates ,reform ,act of #aiie2 7ii7 in the case of a guidance document1 any relevant agency actions2 and 7iii7 any other relevant information or requirements under any other ,act or any relevant ,executive order4 2 and 7,,iii7 in subparagraph 7,c71 by inserting or guidance document after rule2 7ii7 in paragraph 7#b77;,a71 by inserting or major guidance document after major rule2 7iii7 in paragraph 7#c7-- 7,i7 in the matter preceding subparagraph 7,a71 by inserting or major guidance document after major rule2 and 7,,ii7 in subparagraphs 7,a71 7,b71 and 7,c71 by inserting or guidance document after rule each place it appears2 7iv7 in paragraph 7#d7-- 7,i7 by inserting or major guidance document after major rule2 and 7,,ii7 by inserting or guidance document after a rule2 and 7v7 in paragraph 7#e71 by inserting or guidance document after rule2 7,b7 in subsections 7b71 7c71 and 7d71 by inserting or guidance document after rule each place it appears2 and 7,c7 in subsections 7f7 and 7g71 by inserting or guidance document after rule each place that term appears2 7#b7 in section #hjb-- 7,a7 in subsection 7a7-- 7i7 by inserting in the case of a rule1 after as follows32 and 7ii7 by inserting or in the case of a guidance document1 ,that ,congress disapproves the guidance document submitted by the relating to 1 and such guidance document shall have no force or effect4 7,the blank spaces being appropriately filled in7 before the period2 7,b7 in subsection 7b77#b77;,b71 by inserting or guidance document after rule2 and 7,c7 in subsection 7e71 by inserting or guidance document after rule2 7#c7 in section #hjc7;a7-- 7,a7 by inserting or guidance document after rule2 and 7,b7 by inserting or guidance document's after rule's2 7#d7 in section #hjg1 by inserting or guidance documents after rules2 7#e7 in section #hjh-- 7,a7 by striking the section heading and inserting the following3 #hjh4 ,effective date of certain rules or guidance documents 2 and 7,b7 by inserting or guidance document after rule each place that term appears2 and 7#f7 in the table of sections by striking the item relating to section #hjh and inserting the following3 #hjh4 ,effective date of certain rules or guidance documents4 4