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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
(a) GUIDANCE DOCUMENTS.—Paragraph (3) of sec-
tion 804 of title 5, United States Code, is amended to 
read as follows: 
‘‘(3) The term ‘rule’— 
‘‘(A) has the meaning given such term in 
section 551, except that such term does not in-
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clude (except as otherwise provided in subpara-
graph (B))— 
‘‘(i) any rule of particular applica-
bility, including a rule that approves or 
prescribes for the future rates, wages, 
prices, services, or allowances therefor, cor-
porate or financial structures, reorganiza-
tions, mergers, or acquisitions thereof, or 
accounting practices or disclosures bearing 
on any of the foregoing; 
‘‘(ii) any rule relating to agency man-
agement or personnel; or 
‘‘(iii) any rule of agency organization, 
procedure, or practice that does not sub-
stantially affect the rights or obligations of 
non-agency parties; and 
‘‘(B) includes guidance documents.’’. 
(b) SIGNIFICANT GUIDANCE DOCUMENTS.—Para-
graph (2) of section 804 of such title is amended to read 
as follows: 
‘‘(2) The term ‘major rule’— 
‘‘(A) means any rule that the Adminis-
trator of the Office of Information and Regu-
latory Affairs of the Office of Management and 
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Budget finds has resulted in or is likely to re-
sult in— 
‘‘(i) an annual effect on the economy 
of $100,000,000 or more; 
‘‘(ii) a major increase in costs or 
prices for consumers, individual industries, 
Federal, State, or local government agen-
cies, or geographic regions; or 
‘‘(iii) significant adverse effects on 
competition, employment, investment, pro-
ductivity, innovation, or on the ability of 
United States-based enterprises to compete 
with foreign-based enterprises in domestic 
and export markets; and 
‘‘(B) includes significant guidance docu-
ments. 
The term does not include any rule promulgated 
under the Telecommunications Act of 1996 and the 
amendments made by that Act.’’. 
(c) DEFINITIONS.—Section 804 of such title is 
amended by adding at the end the following new para-
graphs: 
‘‘(4) The term ‘guidance document’ means a 
statement of general applicability and future effect, 
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other than a regulatory action, issued by a Federal 
agency that sets forth— 
‘‘(A) a policy on a statutory, regulatory, or 
technical issue; or 
‘‘(B) an interpretation of a statutory or 
regulatory issue. 
‘‘(5) The term ‘significant guidance docu-
ment’— 
‘‘(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 of 
$100,000,000 or more, or adversely affect 
in a material way the economy, a sector of 
the economy, productivity, competition, 
employment, 
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 Federal agency; 
‘‘(iii) materially alter the budgetary 
impact of any entitlement, grant, user fees, 
or loan programs, or the rights or obliga-
tions of recipients thereof; or 
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‘‘(iv) raise novel legal or policy issues 
arising out of legal mandates; and 
‘‘(B) does not include any guidance docu-
ment— 
‘‘(i) on regulations issued in accord-
ance with section 556 or 557 of title 5, 
United States Code; 
‘‘(ii) that pertains to a military or for-
eign affairs function of the United States, 
other than procurement regulations and 
regulations involving the import or export 
of non-defense articles and services; 
‘‘(iii) on regulations that are limited 
to the organization, management, or per-
sonnel matters of a Federal agency; or 
‘‘(iv) belonging to a category of guid-
ance documents exempted by the Adminis-
trator of the Office of Information and 
Regulatory Affairs.’’. 
Æ 
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