5 U.S.C. § 804 — Definitions
submitted 30 years ago by Pub. L. 104-121 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 233 words · no verdicts yet
This section defines “Federal agency,” “major rule,” and “rule” for this chapter. It sets dollar, price, and economic-effect tests for a major rule and excludes specified kinds of rules.
For this chapter—
(1) “Federal agency” means an agency as section 551(1) defines that term. This section does not define “agency” itself.
(2) “Major rule” means a rule that the Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget finds has caused, or is likely to cause, at least one of these results: (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, industries, Federal, State, or local agencies, or geographic regions; or (C) significant harmful effects on competition, employment, investment, productivity, innovation, or the ability of United States businesses to compete with foreign businesses in United States and export markets. This does not include a rule issued under the Telecommunications Act of 1996 or its amendments.
(3) “Rule” has the meaning in section 551. But it does not include (A) a rule applying to particular persons or situations, including one setting future rates, wages, prices, services, allowances, corporate or financial structures, reorganizations, mergers, acquisitions, accounting practices, or disclosures about those matters; (B) a rule about agency management or personnel; or (C) a rule about agency organization, procedure, or practice that does not substantially affect non-agency parties’ rights or duties. This section does not define the quoted terms it incorporates from section 551.
For purposes of this chapter—
The term “Federal agency” means any agency as that term is defined in section 551(1).
The term “major rule” means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in—
an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or
significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.
The term “rule” has the meaning given such term in section 551, except that such term does not include—
any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;
any rule relating to agency management or personnel; or
any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.
Source credit: (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 873.)
- 1996Enacted · Pub. L. 104-121 · 110 Stat. 873
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-121 on 1996-03-29.
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