I 
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 Representa-
tives 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. 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
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 proce-
dures for the approval of significant guidance docu-
ments. The procedures shall ensure that the 
issuance of significant guidance documents is ap-
proved by each appropriate senior agency official. 
(2) EXCEPTION.—The employees of an agency 
may not deviate from the requirements of the proce-
dures developed pursuant to paragraph (1), unless 
the employee has submitted an appropriate justifica-
tion 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 DOCU-
MENT.— 
(1) REQUIREMENTS.—Each significant guid-
ance document issued by an agency shall include the 
following: 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(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 pre-
viously issued guidance document, a notation of 
such and an identification of the document re-
placed. 
(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 in-
terprets. 
(2) PROHIBITED.—A significant guidance docu-
ment may not include mandatory language such as 
‘‘shall’’, ‘‘must’’, ‘‘required’’, or ‘‘requirement’’, un-
less— 
(A) the agency is using these words to de-
scribe a statutory or regulatory requirement; 
(B) the language is addressed to agency 
employees; or 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(C) the prohibition against such mandatory 
language prevents agency consideration of a po-
sition advanced by any affected private party. 
(c) PUBLIC ACCESS AND FEEDBACK FOR SIGNIFI-
CANT 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 docu-
ment in effect. The list shall include the fol-
lowing: 
(i) The name of each significant guid-
ance document. 
(ii) Any document identification num-
ber. 
(iii) The dates of issuance and revi-
sion. 
(iv) An identification of which docu-
ments have been added, revised, or with-
drawn 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. 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(C) UPDATES
TO
WEBSITE.—Not later 
than 30 days after the date on which a signifi-
cant 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 es-
tablish and prominently display on the 
website of such agency a means for the 
public— 
(I) to electronically submit com-
ments on any significant guidance 
document; and 
(II) to electronically submit a re-
quest for issuance, reconsideration, 
modification, or rescission of any sig-
nificant guidance document. 
(ii) NO
RESPONSE
REQUIRED.—Any 
public comment submitted under this para-
graph is for the benefit of the agency, and 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
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 sub-
mitted by the public that the agency is not fol-
lowing the procedures in this section or is im-
properly treating a significant guidance docu-
ment 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 ECONOMI-
CALLY SIGNIFICANT GUIDANCE DOCUMENTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 60 days after an agency 
prepares a draft of an economically significant guid-
ance document, the agency shall complete the fol-
lowing requirements: 
(A) Publish a notice in the Federal Reg-
ister announcing that the draft document is 
available. 
(B) Post the draft document on the 
website of the agency and make the draft pub-
licly available in hard copy (or notify the public 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
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 sig-
nificant guidance document or group of such docu-
ments as exempt from the requirements of this sec-
tion for being not feasible or appropriate. 
(e) EXIGENT CIRCUMSTANCES.—In an imminent 
threat to public health or safety or similar exigent cir-
cumstance 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 cir-
cumstance 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 statu-
tory or court-imposed deadline, the agency shall, to the 
extent practicable, schedule any proceeding for such docu-
ment to permit sufficient time to comply with this section. 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(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 ‘‘Adminis-
trator’’ means the Administrator of the Office of In-
formation 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 inde-
pendent regulatory agency (as defined in such sec-
tion 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 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(B) does not include a significant guidance 
document on Federal expenditures and receipts. 
(4) GUIDANCE DOCUMENT.—The term ‘‘guid-
ance document’’ means an agency statement of gen-
eral applicability and future effect, other than a reg-
ulatory action, that sets forth a policy on a statu-
tory, regulatory, or technical issue or an interpreta-
tion 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 imple-
ment, interpret, or prescribe law or policy or to de-
scribe the procedure or practice requirements of an 
agency. 
(6) REGULATORY
ACTION.—The term ‘‘regu-
latory action’’ means any substantive action by an 
agency (normally published in the Federal Register) 
that promulgates or is expected to lead to the pro-
mulgation 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’’— 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(A) means a guidance document dissemi-
nated 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 ad-
versely affect in a material way the econ-
omy, 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 im-
pact of entitlements, grants, user fees, or 
loan programs or the rights and obliga-
tions of recipients thereof; or 
(iv) raise novel legal or policy issues 
arising out of legal mandates, the Presi-
dent’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— 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(i) a legal advisory opinion for inter-
nal executive branch use and not for re-
lease (such as Department of Justice Of-
fice of Legal Counsel opinions); 
(ii) a briefs or other position taken by 
an agency in an investigation, pre-litiga-
tion, litigation, or other enforcement pro-
ceeding; 
(iii) a speech, editorial, media inter-
view, press material, or congressional cor-
respondence; 
(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 serv-
ices); 
(v) a grant solicitation, warning letter, 
or case or investigatory letter responding 
to a complaint involving a fact-specific de-
termination; 
(vi) a purely internal agency policy; 
(vii) a guidance document that relates 
to the use, operation, or control of a gov-
ernment facility; 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(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 Ad-
ministrator. 
(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 sec-
tion shall take effect 180 days after the date of the enact-
ment of this Act. 
SEC. 3. LIMITATIONS ON USE OF INTERIM FINAL RULES; 
LIMITATION ON REPORTING JOINT RESOLU-
TIONS 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 ex-
ists.’’. 
(b) REQUIRED PUBLICATION OR SERVICE DATE.— 
Section 553(d)(3) of title 5, United States Code, is amend-
ed to read as follows: 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
‘‘(3) in the case of any rule to which the excep-
tion 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 excep-
tion 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 amend-
ed by adding at the end the following: ‘‘If such a com-
mittee 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 appro-
priations in a general appropriations Act, to the Com-
mittee 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.’’. 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
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 Adminis-
trative Conference of the United States shall complete a 
study and submit to Congress a report thereon that exam-
ines— 
(1) the extent to which persons, for projects 
subject to a permitting process under the environ-
mental laws of a State or under a Federal environ-
mental law, are subject to unnecessary, impractical, 
or inappropriately dilatory requirements to engage in 
mitigation of environmental harms; 
(2) categories of projects subject to a permit-
ting 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 per-
mit should be made; 
(3) changes to permitting processes under Fed-
eral environmental law that would provide for in-
creased protections of the rights of parties applying 
for permits, including increased use of administra-
tive law judges in permitting determinations, and fi-
nalizing agency action more expeditiously; and 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS
(4) categories of Federal rule making that 
would be more appropriately addressed by State ac-
tion. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘permit’’ means an agency’s statu-
torily 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 de-
termination of the Administrator of the Office of Informa-
tion 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 Con-
ference of the United States by not later than 30 days 
after such determination. 
Æ 
VerDate Sep 11 2014 
00:25 Oct 06, 2016
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H6283.IH
H6283
smartinez on DSK3GLQ082PROD with BILLS