I 

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. 

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

3 SECTION 1. CONGRESSIONAL REVIEW OF AGENCY RULE4 MAKING. 

5 (a) GUIDANCE DOCUMENTS.—Paragraph (3) of sec6 tion 804 of title 5, United States Code, is amended to 

7 read as follows: 

8 ‘‘(3) The term ‘rule’— 

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

10 section 551, except that such term does not inVerDate Sep 11 2014 22:59 Jun 02, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5377.IH H5377

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1 clude (except as otherwise provided in subpara2 graph (B))— 

3 ‘‘(i) any rule of particular applica4 bility, including a rule that approves or 

5 prescribes for the future rates, wages, 

6 prices, services, or allowances therefor, cor7 porate or financial structures, reorganiza8 tions, mergers, or acquisitions thereof, or 

9 accounting practices or disclosures bearing 

10 on any of the foregoing; 

11 ‘‘(ii) any rule relating to agency man12 agement or personnel; or 

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

14 procedure, or practice that does not sub15 stantially affect the rights or obligations of 

16 non-agency parties; and 

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

18 (b) SIGNIFICANT GUIDANCE DOCUMENTS.—Para19 graph (2) of section 804 of such title is amended to read 

20 as follows: 

21 ‘‘(2) The term ‘major rule’— 

22 ‘‘(A) means any rule that the Adminis23 trator of the Office of Information and Regu24 latory Affairs of the Office of Management and 


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1 Budget finds has resulted in or is likely to re2 sult in— 

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

4 of $100,000,000 or more; 

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

6 prices for consumers, individual industries, 

7 Federal, State, or local government agen8 cies, or geographic regions; or 

9 ‘‘(iii) significant adverse effects on 

10 competition, employment, investment, pro11 ductivity, innovation, or on the ability of 

12 United States-based enterprises to compete 

13 with foreign-based enterprises in domestic 

14 and export markets; and 

15 ‘‘(B) includes significant guidance docu16 ments. 

17 The term does not include any rule promulgated 

18 under the Telecommunications Act of 1996 and the 

19 amendments made by that Act.’’. 

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

21 amended by adding at the end the following new para22 graphs: 

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

24 statement of general applicability and future effect, 


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1 other than a regulatory action, issued by a Federal 

2 agency that sets forth— 

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

4 technical issue; or 

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

6 regulatory issue. 

7 ‘‘(5) The term ‘significant guidance docu8 ment’— 

9 ‘‘(A) means a guidance document dissemi10 nated to regulated entities or the general public 

11 that may reasonably be anticipated to— 

12 ‘‘(i) lead to an annual effect of 

13 $100,000,000 or more, or adversely affect 

14 in a material way the economy, a sector of 

15 the economy, productivity, competition, 

16 employment, the environment, public 

17 health or safety, or State, local, or tribal 

18 governments or communities; 

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

20 otherwise interfere, with an action taken or 

21 planned by another Federal agency; 

22 ‘‘(iii) materially alter the budgetary 

23 impact of any entitlement, grant, user fees, 

24 or loan programs, or the rights or obliga25 tions of recipients thereof; or 


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

2 arising out of legal mandates; and 

3 ‘‘(B) does not include any guidance docu4 ment— 

5 ‘‘(i) on regulations issued in accord6 ance with section 556 or 557 of title 5, 

7 United States Code; 

8 ‘‘(ii) that pertains to a military or for9 eign affairs function of the United States, 

10 other than procurement regulations and 

11 regulations involving the import or export 

12 of non-defense articles and services; 

13 ‘‘(iii) on regulations that are limited 

14 to the organization, management, or per15 sonnel matters of a Federal agency; or 

16 ‘‘(iv) belonging to a category of guid17 ance documents exempted by the Adminis18 trator of the Office of Information and 

19 Regulatory Affairs.’’. 

Æ 


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