II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Integrity 

5 to our Government Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘agency’’ means any authority of 

9 the United States that is— 


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1 (A) an agency as defined under section 

2 3502(1) of title 44, United States Code; and 

3 (B) shall include an independent regu4 latory agency as defined under section 3502(5) 

5 of title 44, United States Code; 

6 (2) the term ‘‘regulation’’— 

7 (A) means an agency statement of general 

8 applicability and future effect, which the agency 

9 intends to have the force and effect of law, that 

10 is designed to implement, interpret, or prescribe 

11 law or policy or to describe the procedure or 

12 practice requirements of an agency; and 

13 (B) shall not include— 

14 (i) a regulation issued in accordance 

15 with the formal rulemaking provisions of 

16 sections 556 and 557 of title 5, United 

17 States Code; 

18 (ii) a regulation that pertains to a 

19 military or foreign affairs function of the 

20 United States, other than procurement 

21 regulations and regulations involving the 

22 import or export of non-defense articles 

23 and services; or 


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1 (iii) a regulation that is limited to 

2 agency organization, management, or per3 sonnel matters; 

4 (3) the term ‘‘regulatory action’’ means any 

5 substantive action by an agency (normally published 

6 in the Federal Register) that promulgates or is ex7 pected to lead to the promulgation of a final regula8 tion, including notices of inquiry, advance notices of 

9 proposed rulemaking, and notices of proposed rule10 making; and 

11 (4) the term ‘‘significant regulatory action’’ 

12 means any regulatory action that is likely to result 

13 in a regulation that may— 

14 (A) have an annual effect on the economy 

15 of $100,000,000 or more or adversely affect in 

16 a material way the economy, a sector of the 

17 economy, productivity, competition, jobs, the 

18 environment, public health or safety, or State, 

19 local, or tribal governments or communities; 

20 (B) create a serious inconsistency or other21 wise interfere with an action taken or planned 

22 by another agency; 

23 (C) materially alter the budgetary impact 

24 of entitlements, grants, user fees, or loan proVerDate Mar 15 2010 23:35 Apr 29, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S787.IS S787

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1 grams or the rights and obligation of recipients 

2 thereof; 

3 (D) add to the national debt; or 

4 (E) raise novel legal or policy issues aris5 ing out of legal mandates, the President’s prior6 ities, or the principles set forth in this Act. 

7 SEC. 3. FINALIZATION OF PROPOSED SIGNIFICANT REGU8 LATORY ACTIONS. 

9 A proposed significant regulatory action may not be 

10 finalized unless the proposed significant regulatory action 

11 includes the reason or reasons why the agency proposing 

12 the significant regulatory action determined that the pro13 posed significant regulatory action is a significant regu14 latory action. 

Æ 


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