POWERS Act of 2016

To amend title 5, United States Code, to require agencies to respond to comments from congressional committees about proposed rulemaking, and for other purposes. 1. Short title This Act may be cited as the Preventing Overreach Within the Executive Rulemaking System Act of 2016 POWERS Act of 2016 2. Requiring agency response to comments from congressional committees about proposed rulemaking (a) In general Section 553(c) of title 5, United States Code, is amended— (1) by striking After notice (1) After notice (2) by adding at the end the following: (2) No publication or service of a rule may be made during the period beginning on the date of the publication of a notice of proposed rulemaking under subsection (b) with respect to such rule and ending on the date that is 60 days after such date of publication, subject to paragraph (3). (3) (A) With respect to a rule, if a committee of the House of Representatives or the Senate that has jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the provision of law that authorizes the agency to issue the rule submits written data, views, or arguments to the head of the agency through electronic mail and physical mail during the period described in paragraph (2), not later than 10 days after the date of such submission, the head of the agency shall publish in the Federal Register a response that addresses the content of such submission and answers any questions posed in such submission. (B) The period beginning on the date of such submission and ending on the date of such publication (or a notification under paragraph (4)(B)) shall not count as part of the period described in paragraph (2). (4) Paragraph (3)(A) shall not apply with respect to a subsequent submission with respect to a rule to the head of an agency under such paragraph by a committee that has made an initial submission to such head and received a response under such paragraph if the head— (A) determines that such subsequent submission— (i) fails to address the content of such response; or (ii) raises issues that were not raised in the initial submission or the response; and (B) notifies the committee of such determination. . (b) Applicability The amendments made by this section shall apply with respect to a rule for which the notice of proposed rulemaking is published under section 553(b) of title 5, United States Code, on or after the date of enactment of this Act.

Summary: Preventing Overreach Within the Executive Rulemaking System Act of 2016 or the POWERS Act of 2016 This bill prohibits publication or service of a rule for 60 days following the date of the publication of the notice of proposed rulemaking for such rule. If, during such period, a House or Senate committee that has jurisdiction over the provision of law authorizing the rule submits written data, views, or arguments to the agency, it shall, within 10 days, publish a response in the Federal Register. (The period beginning on the date of such submission and ending on the date of such publication shall not count as part of the 60-day period during which publication or service of the rule is prohibited.) The 10-day response requirement shall not apply to a subsequent committee submission if the agency: (1) determines that such subsequent submission fails to address the content of such response or raises issues that were not raised in the initial submission or the response, and (2) notifies the committee of such determination.