Title 5 — Government Organization and Employees — § 804. Definitions
Summary
Section 804 of Title 5 defines the terms used in its chapter, as printed on page 234. A "Federal agency" is any agency as defined in section 551(1). A "major rule" is one that the Administrator of the Office of Information and Regulatory Affairs finds has resulted 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, or significant adverse effects on competition, employment, investment, productivity, innovation or the ability of United States-based enterprises to compete; rules under the Telecommunications Act of 1996 are excluded. A "rule" follows section 551 but excludes rules of particular applicability, rules on agency management or personnel, and procedural rules that do not substantially affect non-agency parties.
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§ 803 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 234
plicable only with respect to the procedure to or disclosures bearing on any of the fore-
be followed in that House in the case of a joint going;
resolution described in subsection (a), and it (B) any rule relating to agency manage-
supersedes other rules only to the extent that ment or personnel; or
it is inconsistent with such rules; and (C) any rule of agency organization, proce-
(2) with full recognition of the constitu- dure, or practice that does not substantially
tional right of either House to change the affect the rights or obligations of non-agen-
rules (so far as relating to the procedure of cy parties.
that House) at any time, in the same manner, (Added Pub. L. 104–121, title II, § 251, Mar. 29,
and to the same extent as in the case of any 1996, 110 Stat. 873.)
other rule of that House.
(Added Pub. L. 104–121, title II, § 251, Mar. 29, Editorial Notes
1996, 110 Stat. 871.) REFERENCES IN TEXT
§ 803. Special rule on statutory, regulatory, and The Telecommunications Act of 1996, referred to in
judicial deadlines par. (2), is Pub. L. 104–104, Feb. 8, 1996, 110 Stat. 56. For
complete classification of this Act to the Code, see
(a) In the case of any deadline for, relating to, Short Title of 1996 Amendment note set out under sec-
or involving any rule which does not take effect tion 609 of Title 47, Telecommunications, and Tables.
(or the effectiveness of which is terminated) be- § 805. Judicial review
cause of enactment of a joint resolution under
section 802, that deadline is extended until the No determination, finding, action, or omission
date 1 year after the date of enactment of the under this chapter shall be subject to judicial
joint resolution. Nothing in this subsection review.
shall be construed to affect a deadline merely by (Added Pub. L. 104–121, title II, § 251, Mar. 29,
reason of the postponement of a rule’s effective 1996, 110 Stat. 873.)
date under section 801(a).
(b) The term ‘‘deadline’’ means any date cer- § 806. Applicability; severability
tain for fulfilling any obligation or exercising (a) This chapter shall apply notwithstanding
any authority established by or under any Fed- any other provision of law.
eral statute or regulation, or by or under any (b) If any provision of this chapter or the ap-
court order implementing any Federal statute plication of any provision of this chapter to any
or regulation. person or circumstance, is held invalid, the ap-
(Added Pub. L. 104–121, title II, § 251, Mar. 29, plication of such provision to other persons or
1996, 110 Stat. 873.) circumstances, and the remainder of this chap-
ter, shall not be affected thereby.
§ 804. Definitions
(Added Pub. L. 104–121, title II, § 251, Mar. 29,
For purposes of this chapter— 1996, 110 Stat. 873.)
(1) The term ‘‘Federal agency’’ means any
agency as that term is defined in section § 807. Exemption for monetary policy
551(1). Nothing in this chapter shall apply to rules
(2) The term ‘‘major rule’’ means any rule that concern monetary policy proposed or im-
that the Administrator of the Office of Infor- plemented by the Board of Governors of the Fed-
mation and Regulatory Affairs of the Office of eral Reserve System or the Federal Open Mar-
Management and Budget finds has resulted in ket Committee.
or is likely to result in—
(A) an annual effect on the economy of (Added Pub. L. 104–121, title II, § 251, Mar. 29,
$100,000,000 or more; 1996, 110 Stat. 874.)
(B) a major increase in costs or prices for § 808. Effective date of certain rules
consumers, individual industries, Federal,
State, or local government agencies, or geo- Notwithstanding section 801—
graphic regions; or (1) any rule that establishes, modifies,
(C) significant adverse effects on competi- opens, closes, or conducts a regulatory pro-
tion, employment, investment, productivity, gram for a commercial, recreational, or sub-
innovation, or on the ability of United sistence activity related to hunting, fishing,
States-based enterprises to compete with or camping, or
foreign-based enterprises in domestic and ex- (2) any rule which an agency for good cause
port markets. finds (and incorporates the finding and a brief
statement of reasons therefor in the rule
The term does not include any rule promul- issued) that notice and public procedure there-
gated under the Telecommunications Act of on are impracticable, unnecessary, or contrary
1996 and the amendments made by that Act. to the public interest,
(3) The term ‘‘rule’’ has the meaning given
such term in section 551, except that such shall take effect at such time as the Federal
term does not include— agency promulgating the rule determines.
(A) any rule of particular applicability, in- (Added Pub. L. 104–121, title II, § 251, Mar. 29,
cluding a rule that approves or prescribes for 1996, 110 Stat. 874.)
the future rates, wages, prices, services, or
allowances therefor, corporate or financial CHAPTER 9—EXECUTIVE REORGANIZATION
structures, reorganizations, mergers, or ac- Sec.
quisitions thereof, or accounting practices 901. Purpose.
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