[Congressional Record Volume 163, Number 18 (Thursday, February 2, 2017)]
[Senate]
[Pages S658-S659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES (for himself, Mr. Lankford, Mr. Blunt, and Mr. 
        Hatch):
  S. 288. A bill to require notice and comment for certain 
interpretative

[[Page S659]]

rules; to the Committee on Homeland Security and Governmental Affairs.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 288

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Regulatory Predictability 
     for Business Growth Act of 2017''.

     SEC. 2. REQUIRING NOTICE AND COMMENT FOR CERTAIN 
                   INTERPRETATIVE RULES.

       Subchapter II of chapter 5 of title 5, United States Code, 
     is amended--
       (1) in section 551--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(15) `longstanding interpretative rule' means an 
     interpretative rule that has been in effect for not less than 
     1 year; and
       ``(16) `revise' means, with respect to an interpretative 
     rule, altering or otherwise changing any provision of a 
     longstanding interpretative rule that conflicts, or is in any 
     way inconsistent with, any provision in a subsequently 
     promulgated interpretative rule.''; and
       (2) in section 553--
       (A) in subsection (b)(A), by striking ``interpretative 
     rules'' and inserting ``an interpretative rule of an agency, 
     unless the interpretative rule revises a longstanding 
     interpretative rule of the agency''; and
       (B) in subsection (d)(2), by striking ``interpretative 
     rules'' and inserting ``an interpretative rule of an agency, 
     unless the interpretative rule revises a longstanding 
     interpretative rule of the agency,''.
                                 ______