U.S. Code » Title 5 » Part PART I— THE AGENCIES GENERALLY › Chapter CHAPTER 8— CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

5 U.S.C. § 804

Definitions

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For purposes of this chapter—(1) The term “Federal agency” means any agency as that term is defined in section 551(1).(2) 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—(A) an annual effect on the economy of $100,000,000 or more;(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or(C) 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.(3) The term “rule” has the meaning given such term in section 551, except that such term does not include—(A) 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;(B) any rule relating to agency management or personnel; or(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.(Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 873.)Editorial NotesReferences in Text

The Telecommunications Act of 1996, referred to in par. (2), is Pub. L. 104–104, Feb. 8, 1996, 110 Stat. 56. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 609 of Title 47, Telecommunications, and Tables.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1977–2024 · leading case: Kansas Nat. Resource v. United States Dept of Interior, 971 F.3d 1222 (10th Cir. 2020).
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Kansas Nat. Resource v. United States Dept of Interior, 971 F.3d 1222 (10th Cir. 2020). “See 5 U.S.C. § 804 (3). 6 Those criteria are: “(1) [t]he certainty that the conservation efforts will be implemented and (2) the certainty that the efforts will be effective.”
Dist. of Columbia v. United States, 67 Fed. Cl. 292 (Fed. Cl. 2005). “See 5 U.S.C. § 804 (2000) (stating that ”[f|or purposes of this chapter .”
Home Builders Ass'n v. United States Fish & Wildlife Serv., 268 F. Supp. 2d 1197 (E.D. Cal. 2003). “5 U.S.C. § 804 (2). In this case, the Service’s expert concluded, based on the Service’s use of baseline economic analysis, that the designation of the critical habitat for the snake would not cause any of these four results.”
In Re Operation of the Missouri River Sys. Litig., 363 F. Supp. 2d 1145 (D. Minnesota 2004). “5 U.S.C. § 804 (2). The FWS determined that the designation of the plover’s critical habitat was not a major rule under § 804(2).”
United States v. Reece, 956 F. Supp. 2d 736 (W.D. La. 2013). “The term “rule” is defined in the CRA, at 5 U.S.C. § 804 (3), as having “the meaning given such term in section 551” with certain exceptions that are not applicable to the instant motion.”
Alabama Ass'n of Realtors v. United States Dep't of Health & Human Servs. (D.D.C. 2021). “at 55,296, which means it is expected to have “an annual effect on the economy of $100,000,000 or more,” 5 U.S.C. § 804 (2). 5 The only other potential limitation, imposed by regulation, is that the Director of the CDC would need to conclude that state and local health…”
Alabama Ass'n of Realtors v. United States Dep't of Health & Human Servs. (D.D.C. 2021). “at 55,296, which means it is expected to have “an annual effect on the economy of $100,000,000 or more,” 5 U.S.C. § 804 (2). 5 The only other potential limitation, imposed by regulation, is that the Director of the CDC would need to conclude that state and local health…”
Foster v. The United States Dep't of Agric. (D.S.D. 2022). “□□ 5 U.S.C. § 804 ; 5 U.S.C. § 551 . 5 U.S.C.”
Watterson v. Bureau of Alcohol, Tobacco, Firearms & Explosives (E.D. Tex. 2024). “See 5 U.S.C. § 804 (2). denotation, the CRA does not change the date on which the regulation becomes effective.”
Am. Dredging Co., 212 Ct. Cl. 582 (Ct. Cl. 1977). “Defendant is instructed to comply with Eule 14 of the board and its other applicable rules, if any, and if it authorizes a deposition which cannot be had without subpoena, then we should be shown a request under 5 U.S.C. § 804 (1970), as was done in Aircraft Associates, supra,…”
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