[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5377 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5377

To amend title 5, United States Code, to include guidance documents in 
         the congressional review process of agency rulemaking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2016

  Mr. Salmon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to include guidance documents in 
         the congressional review process of agency rulemaking.

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

SECTION 1. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    (a) Guidance Documents.--Paragraph (3) of section 804 of title 5, 
United States Code, is amended to read as follows:
            ``(3) The term `rule'--
                    ``(A) has the meaning given such term in section 
                551, except that such term does not include (except as 
                otherwise provided in subparagraph (B))--
                            ``(i) any rule of particular applicability, 
                        including a rule that approves or prescribes 
                        for the future rates, wages, prices, services, 
                        or allowances therefor, corporate or financial 
                        structures, reorganizations, mergers, or 
                        acquisitions thereof, or accounting practices 
                        or disclosures bearing on any of the foregoing;
                            ``(ii) any rule relating to agency 
                        management or personnel; or
                            ``(iii) any rule of agency organization, 
                        procedure, or practice that does not 
                        substantially affect the rights or obligations 
                        of non-agency parties; and
                    ``(B) includes guidance documents.''.
    (b) Significant Guidance Documents.--Paragraph (2) of section 804 
of such title is amended to read as follows:
            ``(2) The term `major rule'--
                    ``(A) means 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--
                            ``(i) an annual effect on the economy of 
                        $100,000,000 or more;
                            ``(ii) a major increase in costs or prices 
                        for consumers, individual industries, Federal, 
                        State, or local government agencies, or 
                        geographic regions; or
                            ``(iii) significant adverse effects on 
                        competition, employment, investment, 
                        productivity, innovation, or on the ability of 
                        United States-based enterprises to compete with 
                        foreign-based enterprises in domestic and 
                        export markets; and
                    ``(B) includes significant guidance documents.
        The term does not include any rule promulgated under the 
        Telecommunications Act of 1996 and the amendments made by that 
        Act.''.
    (c) Definitions.--Section 804 of such title is amended by adding at 
the end the following new paragraphs:
            ``(4) The term `guidance document' means a statement of 
        general applicability and future effect, other than a 
        regulatory action, issued by a Federal agency that sets forth--
                    ``(A) a policy on a statutory, regulatory, or 
                technical issue; or
                    ``(B) an interpretation of a statutory or 
                regulatory issue.
            ``(5) The term `significant guidance document'--
                    ``(A) means a guidance document disseminated to 
                regulated entities or the general public that may 
                reasonably be anticipated to--
                            ``(i) lead to an annual effect of 
                        $100,000,000 or more, or adversely affect in a 
                        material way the economy, a sector of the 
                        economy, productivity, competition, employment, 
                        the environment, public health or safety, or 
                        State, local, or tribal governments or 
                        communities;
                            ``(ii) create a serious inconsistency, or 
                        otherwise interfere, with an action taken or 
                        planned by another Federal agency;
                            ``(iii) materially alter the budgetary 
                        impact of any entitlement, grant, user fees, or 
                        loan programs, or the rights or obligations of 
                        recipients thereof; or
                            ``(iv) raise novel legal or policy issues 
                        arising out of legal mandates; and
                    ``(B) does not include any guidance document--
                            ``(i) on regulations issued in accordance 
                        with section 556 or 557 of title 5, United 
                        States Code;
                            ``(ii) 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;
                            ``(iii) on regulations that are limited to 
                        the organization, management, or personnel 
                        matters of a Federal agency; or
                            ``(iv) belonging to a category of guidance 
                        documents exempted by the Administrator of the 
                        Office of Information and Regulatory 
                        Affairs.''.
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