I 

115TH CONGRESS 

1ST SESSION H. R. 462 

To amend title 5, United States Code, to include guidance documents in 

the congressional review process of agency rulemaking. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2017 

Mr. LEWIS of Minnesota 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. 

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 ‘‘Reforming Executive 

5 Guidance Act of 2017’’ or as the ‘‘REG Act of 2017’’. 

6 SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULE7 MAKING. 

8 (a) GUIDANCE DOCUMENTS.—Paragraph (3) of sec9 tion 804 of title 5, United States Code, is amended to 

10 read as follows: 


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1 ‘‘(3) The term ‘rule’— 

2 ‘‘(A) has the meaning given such term in 

3 section 551, except that such term does not in4 clude (except as otherwise provided in subpara5 graph (B))— 

6 ‘‘(i) any rule of particular applica7 bility, including a rule that approves or 

8 prescribes for the future rates, wages, 

9 prices, services, or allowances therefor, cor10 porate or financial structures, reorganiza11 tions, mergers, or acquisitions thereof, or 

12 accounting practices or disclosures bearing 

13 on any of the foregoing; 

14 ‘‘(ii) any rule relating to agency man15 agement or personnel; or 

16 ‘‘(iii) any rule of agency organization, 

17 procedure, or practice that does not sub18 stantially affect the rights or obligations of 

19 non-agency parties; and 

20 ‘‘(B) includes guidance documents.’’. 

21 (b) SIGNIFICANT GUIDANCE DOCUMENTS.—Para22 graph (2) of section 804 of such title is amended to read 

23 as follows: 

24 ‘‘(2) The term ‘major rule’— 


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1 ‘‘(A) means any rule that the Adminis2 trator of the Office of Information and Regu3 latory Affairs of the Office of Management and 

4 Budget finds has resulted in or is likely to re5 sult in— 

6 ‘‘(i) an annual effect on the economy 

7 of $100,000,000 or more; 

8 ‘‘(ii) a major increase in costs or 

9 prices for consumers, individual industries, 

10 Federal, State, or local government agen11 cies, or geographic regions; or 

12 ‘‘(iii) significant adverse effects on 

13 competition, employment, investment, pro14 ductivity, innovation, or on the ability of 

15 United States-based enterprises to compete 

16 with foreign-based enterprises in domestic 

17 and export markets; and 

18 ‘‘(B) includes significant guidance docu19 ments. 

20 The term does not include any rule promulgated 

21 under the Telecommunications Act of 1996 and the 

22 amendments made by that Act.’’. 

23 (c) DEFINITIONS.—Section 804 of such title is 

24 amended by adding at the end the following new para25 graphs: 


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1 ‘‘(4) The term ‘guidance document’ means a 

2 statement of general applicability and future effect, 

3 other than a regulatory action, issued by a Federal 

4 agency that sets forth— 

5 ‘‘(A) a policy on a statutory, regulatory, or 

6 technical issue; or 

7 ‘‘(B) an interpretation of a statutory or 

8 regulatory issue. 

9 ‘‘(5) The term ‘significant guidance docu10 ment’— 

11 ‘‘(A) means a guidance document dissemi12 nated to regulated entities or the general public 

13 that may reasonably be anticipated to— 

14 ‘‘(i) lead to an annual effect of 

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

16 in a material way the economy, a sector of 

17 the economy, productivity, competition, 

18 employment, the environment, public 

19 health or safety, or State, local, or tribal 

20 governments or communities; 

21 ‘‘(ii) create a serious inconsistency, or 

22 otherwise interfere, with an action taken or 

23 planned by another Federal agency; 

24 ‘‘(iii) materially alter the budgetary 

25 impact of any entitlement, grant, user fees, 


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1 or loan programs, or the rights or obliga2 tions of recipients thereof; or 

3 ‘‘(iv) raise novel legal or policy issues 

4 arising out of legal mandates; and 

5 ‘‘(B) does not include any guidance docu6 ment— 

7 ‘‘(i) on regulations issued in accord8 ance with section 556 or 557 of title 5, 

9 United States Code; 

10 ‘‘(ii) that pertains to a military or for11 eign affairs function of the United States, 

12 other than procurement regulations and 

13 regulations involving the import or export 

14 of non-defense articles and services; 

15 ‘‘(iii) on regulations that are limited 

16 to the organization, management, or per17 sonnel matters of a Federal agency; or 

18 ‘‘(iv) belonging to a category of guid19 ance documents exempted by the Adminis20 trator of the Office of Information and 

21 Regulatory Affairs.’’. 

22 SEC. 3. DEFINITION OF ‘‘RULE’’ TO INCLUDE SIGNIFICANT 

23 GUIDANCE FOR PURPOSES OF RULEMAKING. 

24 Section 551(4) of title 5, United States Code, is 

25 amended by inserting before the semicolon at the end the 


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1 following: ‘‘, as well as significant guidance (as such term 

2 is defined in section 804(5))’’. 

Æ 


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