[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6283 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6283

To establish agency procedures for the issuance of significant guidance 
                   documents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2016

    Mr. Sessions (for himself, Mr. Cramer, Mr. Yoho, Mr. Collins of 
  Georgia, and Mr. Holding) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committee on Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish agency procedures for the issuance of significant guidance 
                   documents, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Truth in 
Regulations Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Agency Standards for Significant Guidance Documents.
Sec. 3. Limitations on use of interim final rules; limitation on 
                            reporting joint resolutions of disapproval.
Sec. 4. ACUS study and report.

SEC. 2. AGENCY STANDARDS FOR SIGNIFICANT GUIDANCE DOCUMENTS.

    (a) Approval Procedures.--
            (1) In general.--Not later than 210 days after the date of 
        the enactment of this Act, the head of each agency shall 
        develop or have written procedures for the approval of 
        significant guidance documents. The procedures shall ensure 
        that the issuance of significant guidance documents is approved 
        by each appropriate senior agency official.
            (2) Exception.--The employees of an agency may not deviate 
        from the requirements of the procedures developed pursuant to 
        paragraph (1), unless the employee has submitted an appropriate 
        justification to a supervisor who is an appropriate senior 
        agency official described paragraph (1) or the head of the 
        agency and the supervisor or head of the agency has agreed to 
        such deviation.
    (b) Contents of Significant Guidance Document.--
            (1) Requirements.--Each significant guidance document 
        issued by an agency shall include the following:
                    (A) The term ``guidance'' or a functional 
                equivalent of such term.
                    (B) An identification of each agency and office 
                issuing the document.
                    (C) An identification of the activity to which and 
                the person to whom the significant guidance document 
                applies.
                    (D) The date of issuance.
                    (E) If the document is a revision to a previously 
                issued guidance document, a notation of such and an 
                identification of the document replaced.
                    (F) The title of the document and any 
                identification number, if applicable.
                    (G) A citation to the statutory provision or 
                regulation to which the document applies or interprets.
            (2) Prohibited.--A significant guidance document may not 
        include mandatory language such as ``shall'', ``must'', 
        ``required'', or ``requirement'', unless--
                    (A) the agency is using these words to describe a 
                statutory or regulatory requirement;
                    (B) the language is addressed to agency employees; 
                or
                    (C) the prohibition against such mandatory language 
                prevents agency consideration of a position advanced by 
                any affected private party.
    (c) Public Access and Feedback for Significant Guidance 
Documents.--
            (1) Internet access.--
                    (A) List required.--The head of each agency shall 
                maintain on the website of such agency a list of each 
                significant guidance document in effect. The list shall 
                include the following:
                            (i) The name of each significant guidance 
                        document.
                            (ii) Any document identification number.
                            (iii) The dates of issuance and revision.
                            (iv) An identification of which documents 
                        have been added, revised, or withdrawn during 
                        the previous year.
                    (B) Link to document required.--The head of the 
                agency shall provide a link from the list described in 
                subparagraph (A) to each such significant guidance 
                document.
                    (C) Updates to website.--Not later than 30 days 
                after the date on which a significant guidance document 
                is issued, the head of the agency shall update the list 
                of significant guidance documents and links described 
                in this paragraph accordingly.
            (2) Public feedback.--
                    (A) Submission of public comments.--
                            (i) In general.--Not later than 60 days 
                        after the date of the enactment of this Act, 
                        the head of each agency shall establish and 
                        prominently display on the website of such 
                        agency a means for the public--
                                    (I) to electronically submit 
                                comments on any significant guidance 
                                document; and
                                    (II) to electronically submit a 
                                request for issuance, reconsideration, 
                                modification, or rescission of any 
                                significant guidance document.
                            (ii) No response required.--Any public 
                        comment submitted under this paragraph is for 
                        the benefit of the agency, and a formal 
                        response to any such comment by the agency is 
                        not required.
                    (B) Complaints by the public.--The head of each 
                agency shall designate one or more offices to receive 
                and address complaints submitted by the public that the 
                agency is not following the procedures in this section 
                or is improperly treating a significant guidance 
                document as a binding requirement. The head of the 
                agency shall provide, on the website of such agency, 
                the name and contact information for any such office.
    (d) Notice and Public Comment for Economically Significant Guidance 
Documents.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 60 days after an agency prepares a draft of an 
        economically significant guidance document, the agency shall 
        complete the following requirements:
                    (A) Publish a notice in the Federal Register 
                announcing that the draft document is available.
                    (B) Post the draft document on the website of the 
                agency and make the draft publicly available in hard 
                copy (or notify the public how the guidance document 
                may be reviewed if not in a format that permits 
                electronic posting with reasonable efforts).
                    (C) Invite public comment on the draft document.
                    (D) Prepare and post on the website of the agency a 
                response-to-comments document.
            (2) Exemptions.--Notwithstanding paragraph (1), the head of 
        an agency, in consultation with the Administrator, may 
        designate an economically significant guidance document or 
        group of such documents as exempt from the requirements of this 
        section for being not feasible or appropriate.
    (e) Exigent Circumstances.--In an imminent threat to public health 
or safety or similar exigent circumstance exists or when an agency is 
required by law to act more quickly than the procedures described in 
this section allow, the head of the agency shall certify the 
circumstance to the Administrator as soon as possible and, to the 
extent practicable, comply with this section. For any significant 
guidance document that is governed by a statutory or court-imposed 
deadline, the agency shall, to the extent practicable, schedule any 
proceeding for such document to permit sufficient time to comply with 
this section.
    (f) Rule of Construction Regarding Judicial Review.--This section 
may not be construed to create any right or benefit, substantive or 
procedural, enforceable at law, against the United States, its agencies 
or other entities, its officers or employees, or any other person.
    (g) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs in the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 3502 of title 44, United States Code, but does 
        not include an independent regulatory agency (as defined in 
        such section 3502).
            (3) Economically significant guidance document.--The term 
        ``economically significant guidance document''--
                    (A) means a significant guidance document that may 
                reasonably be anticipated to lead to an annual effect 
                on the economy of $100,000,000 or more or adversely 
                affect in a material way the economy or a sector of the 
                economy; and
                    (B) does not include a significant guidance 
                document on Federal expenditures and receipts.
            (4) Guidance document.--The term ``guidance document'' 
        means an agency statement of general applicability and future 
        effect, other than a regulatory action, that sets forth a 
        policy on a statutory, regulatory, or technical issue or an 
        interpretation of a statutory or regulatory issue.
            (5) Regulation.--The term ``regulation'' 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.
            (6) Regulatory action.--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 inquiry and notices of 
        proposed rulemaking.
            (7) Significant guidance document.--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 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;
                            (ii) create a serious inconsistency or 
                        otherwise interfere with an action taken or 
                        planned by another agency;
                            (iii) materially alter the budgetary impact 
                        of entitlements, grants, user fees, or loan 
                        programs or the rights and obligations of 
                        recipients thereof; or
                            (iv) raise novel legal or policy issues 
                        arising out of legal mandates, the President's 
                        priorities, or the principles set forth in 
                        Executive Order 12866 (58 Fed. Reg. 190; 
                        relating to regulatory planning and review); 
                        and
                    (B) does not include--
                            (i) a legal advisory opinion for internal 
                        executive branch use and not for release (such 
                        as Department of Justice Office of Legal 
                        Counsel opinions);
                            (ii) a briefs or other position taken by an 
                        agency in an investigation, pre-litigation, 
                        litigation, or other enforcement proceeding;
                            (iii) a speech, editorial, media interview, 
                        press material, or congressional 
                        correspondence;
                            (iv) a guidance document that relates to a 
                        military or foreign affairs function of the 
                        United States (other than a guidance document 
                        on procurement or the import or export of non-
                        defense articles and services);
                            (v) a grant solicitation, warning letter, 
                        or case or investigatory letter responding to a 
                        complaint involving a fact-specific 
                        determination;
                            (vi) a purely internal agency policy;
                            (vii) a guidance document that relates to 
                        the use, operation, or control of a government 
                        facility;
                            (viii) an internal guidance document 
                        directed solely to other agencies; or
                            (ix) any other category of significant 
                        guidance documents exempted by the head of an 
                        agency, in consultation with the Administrator.
    (h) Applicability.--This section does not affect the authority of 
an agency to communicate the views of the agency in court or in any 
other enforcement proceeding.
    (i) Effective Date.--The requirements of this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 3. LIMITATIONS ON USE OF INTERIM FINAL RULES; LIMITATION ON 
              REPORTING JOINT RESOLUTIONS OF DISAPPROVAL.

    (a) Enhanced Showing Required for Interim Final Rules.--Section 
553(b)(B) of title 5, United States Code, is amended by striking ``for 
good cause'' and all that follows through the period at the end and 
insert the following: ``determines that an imminent threat to public 
health or safety or similar exigent circumstance exists.''.
    (b) Required Publication or Service Date.--Section 553(d)(3) of 
title 5, United States Code, is amended to read as follows:
            ``(3) in the case of any rule to which the exception under 
        subsection (b)(B) applies.''.
    (c) Lookback Period for Interim Final Rules.--Section 553 of title 
5, United States Code, is amended by adding at the end the following:
    ``(f) In the case of a rule making in which the exception under 
subsection (b)(B) was applied, by not later than 18 months after the 
rule takes effect, the agency shall provide for a period in which 
interested persons may submit written data, views, or arguments, in the 
same manner as submissions under subsection (c), shall give such 
submissions due consideration, and, if appropriate, repeal or amend the 
rule accordingly.''.
    (d) Rules on Reporting Out of Committee.--Section 802(b)(1) of 
title 5, United States Code, is amended by adding at the end the 
following: ``If such a committee reports a joint resolution of 
disapproval for a rule, the committee may additionally report its 
findings and views, if the agency proposing such rule receives 
appropriations in a general appropriations Act, to the Committee on 
Appropriations of that House. If the committee reports a joint 
resolution of disapproval, the chair of that committee may submit 
recommendations on withholding funds contingent upon certain actions to 
the chair of the Committee on Appropriations of that House.''.

SEC. 4. ACUS STUDY AND REPORT.

    (a) Study and Report.--Not later than 9 months after the date of 
the enactment of this Act, the Administrative Conference of the United 
States shall complete a study and submit to Congress a report thereon 
that examines--
            (1) the extent to which persons, for projects subject to a 
        permitting process under the environmental laws of a State or 
        under a Federal environmental law, are subject to unnecessary, 
        impractical, or inappropriately dilatory requirements to engage 
        in mitigation of environmental harms;
            (2) categories of projects subject to a permitting process 
        under the environmental laws of a State or under a Federal 
        environmental law for which it would be appropriate to 
        establish a deadline by which a final determination on the 
        issuance of a permit should be made;
            (3) changes to permitting processes under Federal 
        environmental law that would provide for increased protections 
        of the rights of parties applying for permits, including 
        increased use of administrative law judges in permitting 
        determinations, and finalizing agency action more 
        expeditiously; and
            (4) categories of Federal rule making that would be more 
        appropriately addressed by State action.
    (b) Definitions.--In this section--
            (1) the term ``permit'' means an agency's statutorily 
        authorized, discretionary, judicially reviewable granting of 
        permission to do something that would otherwise be statutorily 
        prohibited; and
            (2) the term ``State'' means each of the several States.
    (c) Reporting to ACUS.--Any agency that makes any determination 
pertaining to a permit that, in the determination of the Administrator 
of the Office of Information and Regulatory Affairs of the Office of 
Management and Budget, would result in a cost of more than $25,000,000 
shall report such determination, and submit a copy of the requested 
permit, to the Administrative Conference of the United States by not 
later than 30 days after such determination.
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