Title: Regulatory Predictability for Business Growth Act of 2017
Policy area: Government Operations and Politics

Summary:
Regulatory Predictability for Business Growth Act of 2017
This bill adds the definitions of "longstanding interpretative rule" and "revise" to the Administrative Procedure Act (APA). A longstanding interpretative rule is distinguished from an "interpretative rule" if it has been in effect for at least one year. If a rule is a longstanding interpretative rule, it remains subject to the general notice of proposed rulemaking and comment and publication provisions of the APA.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 288 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 288

    To require notice and comment for certain interpretative rules.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2017

   Mr. Daines (for himself, Mr. Lankford, Mr. Blunt, and Mr. Hatch) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To require notice and comment for certain interpretative rules.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Predictability for 
Business Growth Act of 2017''.

SEC. 2. REQUIRING NOTICE AND COMMENT FOR CERTAIN INTERPRETATIVE RULES.

    Subchapter II of chapter 5 of title 5, United States Code, is 
amended--
            (1) in section 551--
                    (A) in paragraph (13), by striking ``and'' at the 
                end;
                    (B) in paragraph (14), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(15) `longstanding interpretative rule' means an 
        interpretative rule that has been in effect for not less than 1 
        year; and
            ``(16) `revise' means, with respect to an interpretative 
        rule, altering or otherwise changing any provision of a 
        longstanding interpretative rule that conflicts, or is in any 
        way inconsistent with, any provision in a subsequently 
        promulgated interpretative rule.''; and
            (2) in section 553--
                    (A) in subsection (b)(A), by striking 
                ``interpretative rules'' and inserting ``an 
                interpretative rule of an agency, unless the 
                interpretative rule revises a longstanding 
                interpretative rule of the agency''; and
                    (B) in subsection (d)(2), by striking 
                ``interpretative rules'' and inserting ``an 
                interpretative rule of an agency, unless the 
                interpretative rule revises a longstanding 
                interpretative rule of the agency,''.
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