II 

117TH CONGRESS 

1ST SESSION S. 2278 

To improve agency rulemaking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Mr. PORTMAN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve agency rulemaking, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Account5 ability Act’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 551 of title 5, United States Code, is amend8 ed— 

9 (1) in paragraph (5), by striking ‘‘rule making’’ 

10 and inserting ‘‘rulemaking’’; 

11 (2) in paragraph (6), by striking ‘‘rule making’’ 

12 and inserting ‘‘rulemaking’’; 


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1 (3) in paragraph (13), by striking ‘‘and’’ at the 

2 end; 

3 (4) in paragraph (14), by striking the period at 

4 the end and inserting a semicolon; and 

5 (5) by adding at the end the following: 

6 ‘‘(15) ‘guidance’ means an agency statement of 

7 general applicability that— 

8 ‘‘(A) is not intended to have the force and 

9 effect of law; and 

10 ‘‘(B) sets forth a policy on a statutory, 

11 regulatory, or technical issue or an interpreta12 tion of a statutory or regulatory issue; 

13 ‘‘(16) ‘high-impact rule’ means any rule that 

14 the Administrator determines is likely to cause an 

15 annual effect on the economy of $500,000,000 or 

16 more, adjusted once every 5 years to reflect in17 creases in the Consumer Price Index for All Urban 

18 Consumers, as published by the Bureau of Labor 

19 Statistics of the Department of Labor; 

20 ‘‘(17) ‘major guidance’ means guidance that the 

21 Administrator finds is likely to lead to— 

22 ‘‘(A) an annual effect on the economy of 

23 $100,000,000 or more, adjusted once every 5 

24 years to reflect increases in the Consumer Price 

25 Index for All Urban Consumers, as published 


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1 by the Bureau of Labor Statistics of the De2 partment of Labor; 

3 ‘‘(B) a major increase in costs or prices for 

4 consumers, individual industries, Federal, 

5 State, local, or Tribal government agencies, or 

6 geographic regions; or 

7 ‘‘(C) significant adverse effects on competi8 tion, employment, investment, productivity, in9 novation, public health and safety, or the ability 

10 of United States-based enterprises to compete 

11 with foreign-based enterprises in domestic and 

12 export markets; 

13 ‘‘(18) ‘major rule’ means any rule that the Ad14 ministrator determines is likely to cause— 

15 ‘‘(A) an annual effect on the economy of 

16 $100,000,000 or more, adjusted once every 5 

17 years to reflect increases in the Consumer Price 

18 Index for All Urban Consumers, as published 

19 by the Bureau of Labor Statistics of the De20 partment of Labor; 

21 ‘‘(B) a major increase in costs or prices for 

22 consumers, individual industries, Federal, 

23 State, local, or Tribal government agencies, or 

24 geographic regions; or 


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1 ‘‘(C) significant adverse effects on competi2 tion, employment, investment, productivity, in3 novation, public health and safety, or the ability 

4 of United States-based enterprises to compete 

5 with foreign-based enterprises in domestic and 

6 export markets; 

7 ‘‘(19) ‘Office of Information and Regulatory Af8 fairs’ means the office established under section 

9 3503 of title 44 and any successor to that office; 

10 and 

11 ‘‘(20) ‘Administrator’ means the Administrator 

12 of the Office of Information and Regulatory Af13 fairs.’’. 

14 SEC. 3. RULEMAKING. 

15 Section 553 of title 5, United States Code, is amend16 ed— 

17 (1) in the section heading, by striking ‘‘Rule 

18 making’’ and inserting ‘‘Rulemaking’’; 

19 (2) in subsection (a), by striking ‘‘(a) This sec20 tion applies’’ and inserting the following: 

21 ‘‘(a) APPLICABILITY.—This section applies’’; and 

22 (3) by striking subsections (b) through (e) and 

23 inserting the following: 


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1 ‘‘(b) RULEMAKING CONSIDERATIONS.—In a rule2 making, an agency shall consider, in addition to other ap3 plicable considerations, the following: 

4 ‘‘(1) The legal authority under which a rule 

5 may be proposed, including whether rulemaking is 

6 required by statute or is within the discretion of the 

7 agency. 

8 ‘‘(2) The nature and significance of the problem 

9 the agency intends to address with a rule. 

10 ‘‘(3) Whether existing Federal laws or rules 

11 have created or contributed to the problem the agen12 cy may address with a rule and, if so, whether those 

13 Federal laws or rules could be amended or rescinded 

14 to address the problem in whole or in part. 

15 ‘‘(4) A reasonable number of alternatives for or 

16 to a new rule, with the consideration of 3 alter17 natives presumed to be reasonable, that— 

18 ‘‘(A) meet the objectives of the statutory 

19 provision on which the rulemaking relies, in20 cluding substantial alternatives or other re21 sponses identified by the agency or by inter22 ested persons; and 

23 ‘‘(B) consider not only mandating par24 ticular conduct or manners of compliance, but 

25 also— 


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1 ‘‘(i) specifying performance objectives; 

2 ‘‘(ii) establishing economic incentives, 

3 including marketable permits, to encourage 

4 desired behavior; 

5 ‘‘(iii) establishing disclosure require6 ments that will provide information upon 

7 which choices can be made by the public; 

8 or 

9 ‘‘(iv) adopting other means of meeting 

10 the objectives of the statutory provision on 

11 which the rulemaking relies without man12 dating particular conduct or manners of 

13 compliance. 

14 ‘‘(5) For any major rule or high-impact rule, 

15 unless prohibited by law, the potential costs and 

16 benefits associated with potential alternative rules 

17 and other responses considered under paragraph (4), 

18 including quantitative and qualitative analyses of— 

19 ‘‘(A) the direct costs and benefits; 

20 ‘‘(B) the nature and degree of risks ad21 dressed by the rule and the countervailing risks 

22 that might be posed by agency action; and 

23 ‘‘(C) to the extent practicable, the cumu24 lative costs and benefits, and an analysis of the 

25 effects that the rule is anticipated to have on 


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1 entities that purchase products or services 

2 from, sell products or services to, or otherwise 

3 conduct business with entities to which the rule 

4 will apply. 

5 ‘‘(c) NOTICE OF PROPOSED RULEMAKING.— 

6 ‘‘(1) IN GENERAL.—If an agency determines 

7 that the objectives of the agency require the agency 

8 to issue a rule, the agency shall— 

9 ‘‘(A) submit a notice of proposed rule10 making to the Administrator for review; 

11 ‘‘(B) refrain from publishing the notice 

12 until the Administrator determines that review 

13 by the Administrator has concluded; and 

14 ‘‘(C) at the conclusion of review by the Ad15 ministrator, publish a notice of proposed rule16 making in the Federal Register, which shall in17 clude— 

18 ‘‘(i) a statement of the time, place, 

19 and nature of any public rulemaking pro20 ceedings; 

21 ‘‘(ii) a reference to the legal authority 

22 under which the rule is proposed, including 

23 the specific statutory provision on which 

24 the rulemaking relies; 

25 ‘‘(iii) the text of the proposed rule; 


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1 ‘‘(iv) a summary of information 

2 known to the agency concerning the con3 siderations described in subsection (b); and 

4 ‘‘(v) where otherwise consistent with 

5 applicable law, for any major rule or high6 impact rule— 

7 ‘‘(I) a reasoned preliminary ex8 planation regarding how— 

9 ‘‘(aa) the proposed rule 

10 meets the objectives of the statu11 tory provision on which the rule12 making relies; and 

13 ‘‘(bb) the benefits of the 

14 proposed rule justify the costs; 

15 ‘‘(II) a discussion of— 

16 ‘‘(aa) the costs and benefits 

17 of alternatives considered by the 

18 agency under subsection (b)(4); 

19 ‘‘(bb) whether the alter20 natives considered by the agency 

21 under subsection (b)(4) meet the 

22 objectives of the statutory provi23 sion on which the rulemaking re24 lies; and 


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1 ‘‘(cc) the reasons why the 

2 agency did not propose an alter3 native considered by the agency 

4 under subsection (b)(4); and 

5 ‘‘(III) a solicitation of public 

6 comment, including on all issues and 

7 alternatives discussed under sub8 clauses (I) and (II) and subsection 

9 (l)(1)(A). 

10 ‘‘(2) ACCESSIBILITY.— 

11 ‘‘(A) IN GENERAL.—Not later than the 

12 date on which an agency publishes a notice of 

13 proposed rulemaking under paragraph (1), all 

14 studies, models, scientific literature, and other 

15 information developed or relied upon by the 

16 agency, and actions taken by the agency to ob17 tain that information, in connection with the 

18 determination of the agency to propose the rule 

19 that is the subject of the rulemaking shall be 

20 placed in the docket for the proposed rule and 

21 made accessible to the public. 

22 ‘‘(B) INFORMATION CONTROLLED BY NON23 GOVERNMENTAL PERSON.—With respect to any 

24 information to which a nongovernmental person 

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1 tion, distribution, or public display, the infor2 mation shall be— 

3 ‘‘(i) placed in the docket through cita4 tion or incorporation by reference, includ5 ing a specification of the identity of the 

6 nongovernmental person who holds a legal 

7 right to prohibit or limit reproduction, dis8 tribution, or public display of the informa9 tion and the means by which a member of 

10 the public may request a full copy of the 

11 information from that holder; and 

12 ‘‘(ii) considered made accessible to the 

13 public after a placement described in 

14 clause (i), provided that the nongovern15 mental person who holds a legal right to 

16 prohibit or limit reproduction, distribution, 

17 or public display of the information makes 

18 the information reasonably available upon 

19 request in a timely manner to any member 

20 of the public who requests a copy of the in21 formation. 

22 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

23 and (B) shall not apply with respect to informa24 tion that is exempt from disclosure under sec25 tion 552(b). 


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1 ‘‘(3) INFORMATION QUALITY.—If an agency 

2 proposes a rule that rests upon scientific, technical, 

3 or economic information, the agency shall— 

4 ‘‘(A) propose the rule on the basis of the 

5 best reasonably available scientific, technical, or 

6 economic information; and 

7 ‘‘(B) to the maximum extent practicable, 

8 use that information in compliance with the 

9 guidelines issued under section 515 of the 

10 Treasury and General Government Appropria11 tions Act, 2001 (Public Law 106–554; 114 

12 Stat. 2763A–154). 

13 ‘‘(4) PUBLIC COMMENT.— 

14 ‘‘(A) IN GENERAL.—After publishing a no15 tice of proposed rulemaking under paragraph 

16 (1), an agency shall provide interested persons 

17 an opportunity to participate in the rulemaking 

18 through the submission of written material, 

19 data, views, or arguments with or without op20 portunity for oral presentation, except that— 

21 ‘‘(i) if a public hearing is convened 

22 under subsection (e), reasonable oppor23 tunity for oral presentation shall be pro24 vided at the public hearing as provided in 

25 subsection (e); and 


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1 ‘‘(ii) when, other than as provided in 

2 subsection (e), a rule is required by statute 

3 to be made on the record after opportunity 

4 for an agency hearing— 

5 ‘‘(I) sections 556 and 557 shall 

6 apply; and 

7 ‘‘(II) the petition procedures of 

8 subsection (e) shall not apply. 

9 ‘‘(B) TIMELINE.— 

10 ‘‘(i) IN GENERAL.—Subject to sub11 paragraph (C), an agency shall provide not 

12 less than 60 days, or, with respect to a 

13 proposed major rule or a proposed high-im14 pact rule, not less than 90 days, for inter15 ested persons to submit written material, 

16 data, views, or arguments under subpara17 graph (A). 

18 ‘‘(ii) ADEQUATE REVIEW PERIOD.—If 

19 a proposed rule relies on information 

20 placed in the docket through citation or in21 corporation by reference as described in 

22 paragraph (3)(B), the comment period re23 quired under clause (i) shall be adequate 

24 to allow interested persons to receive and 


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1 review that information to inform their 

2 submission. 

3 ‘‘(C) RESPONSIVE COMMENT PERIOD FOR

4 MAJOR AND HIGH-IMPACT RULES.—With re5 spect to a proposed major rule or a proposed 

6 high-impact rule, an interested person who 

7 made a submission under subparagraph (A) 

8 during the comment period under subparagraph 

9 (B) with respect to the rule may, during the pe10 riod beginning on the day after the date on 

11 which that comment period closes and ending 

12 on the date that is 30 days after that day, re13 spond to any other submission made by any 

14 other interested person under subparagraph (A) 

15 during the initial comment period. 

16 ‘‘(D) ACCESSIBILITY.—All comments and 

17 responses submitted under this paragraph shall 

18 be promptly placed in the docket and made ac19 cessible to the public. 

20 ‘‘(5) CHANGE OF CLASSIFICATION AFTER PUB21 LICATION OF NOTICE.—If, after an agency submits 

22 for review and publishes the notice of proposed rule23 making required under paragraph (1), a proposed 

24 rule is determined to be a major rule or a high-im25 pact rule, the agency shall— 


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1 ‘‘(A) publish a notice in the Federal Reg2 ister with respect to the change of the classi3 fication of the rule; and 

4 ‘‘(B) allow interested persons an additional 

5 opportunity of not less than 30 days to com6 ment on— 

7 ‘‘(i) the rule; and 

8 ‘‘(ii) the change of the classification of 

9 the rule. 

10 ‘‘(6) PROHIBITION ON CERTAIN COMMUNICA11 TIONS.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), after an agency publishes a 

14 notice of proposed rulemaking required under 

15 paragraph (1), or after an agency publishes a 

16 notice of initiation of rulemaking under sub17 section (d)(1)(B), the agency, and any indi18 vidual acting in an official capacity on behalf of 

19 the agency, may not communicate, and a person 

20 who receives Federal funds from the agency 

21 may not use those funds to communicate, 

22 through written, oral, electronic, or other 

23 means, to the public with respect to the pro24 posed rule in a manner that— 


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1 ‘‘(i) directly advocates, in support of 

2 or against the proposed rule, for the sub3 mission of information that will form part 

4 of the record for the proposed rule; 

5 ‘‘(ii) appeals to the public, or solicits 

6 a third party, to undertake advocacy in 

7 support of or against the proposed rule; or 

8 ‘‘(iii) is directly or indirectly for the 

9 purpose of publicity or propaganda within 

10 the United States in a manner that Con11 gress has not authorized. 

12 ‘‘(B) EXCEPTION.—The prohibition under 

13 subparagraph (A) shall not apply to a commu14 nication that requests comments on, or provides 

15 information regarding, a proposed rule in an 

16 impartial manner. 

17 ‘‘(d) INITIATION OF RULEMAKING FOR MAJOR AND

18 HIGH-IMPACT RULES.— 

19 ‘‘(1) NOTICE FOR MAJOR AND HIGH-IMPACT

20 RULES.—When an agency determines to initiate a 

21 rulemaking that may result in a major rule or a 

22 high-impact rule, the agency shall— 

23 ‘‘(A) establish an electronic docket for that 

24 rulemaking, which may have a physical counter25 part; and 


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1 ‘‘(B) publish a notice of initiation of rule2 making in the Federal Register, which shall— 

3 ‘‘(i) briefly describe the subject and 

4 objectives of, and the problem to be solved 

5 by, the rule; 

6 ‘‘(ii) refer to the legal authority under 

7 which the rule would be proposed, includ8 ing the specific statutory provision that au9 thorizes the rulemaking; 

10 ‘‘(iii) invite interested persons to pro11 pose alternatives and other ideas regarding 

12 how best to accomplish the objectives of 

13 the agency in the most effective manner; 

14 ‘‘(iv) indicate how interested persons 

15 may submit written material for the dock16 et; and 

17 ‘‘(v) appear in the Federal Register 

18 not later than 90 days before the date on 

19 which the agency publishes a notice of pro20 posed rulemaking for the rule. 

21 ‘‘(2) ACCESSIBILITY.—All information provided 

22 to the agency under paragraph (1) shall be promptly 

23 placed in the docket and made accessible to the pub24 lic, unless the information— 


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1 ‘‘(A) is information to which the submitter 

2 does not hold a legal right to authorize disclo3 sure; or 

4 ‘‘(B) is exempt from disclosure under sec5 tion 552(b). 

6 ‘‘(3) APPLICABILITY.—With respect to the al7 ternatives and other ideas proposed under paragraph 

8 (1)(B)(iii)— 

9 ‘‘(A) the alternatives and other ideas are 

10 for the benefit of— 

11 ‘‘(i) the agency receiving the alter12 natives and other ideas; and 

13 ‘‘(ii) the public; and 

14 ‘‘(B) the agency receiving the alternatives 

15 and other ideas may respond to the alternatives 

16 and other ideas. 

17 ‘‘(4) TIMETABLE.— 

18 ‘‘(A) IN GENERAL.—After considering any 

19 written material submitted by interested per20 sons under paragraph (1), if an agency deter21 mines to proceed with a rulemaking for a major 

22 rule or a high-impact rule, the agency proposing 

23 the rule shall establish a timetable for the rule24 making that— 


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1 ‘‘(i) contains intermediate completion 

2 dates for actions of the agency, includ3 ing— 

4 ‘‘(I) the anticipated date on 

5 which the agency shall publish the no6 tice required under subsection (c)(1) 

7 with respect to the rule; and 

8 ‘‘(II) the duration of the com9 ment period required under subsection 

10 (c)(4), including the date on which the 

11 comment period shall end; and 

12 ‘‘(ii) includes a final completion date 

13 for actions by the agency. 

14 ‘‘(B) PUBLICATION.—The timetable re15 quired under subparagraph (A) shall be pub16 lished in the electronic docket established under 

17 paragraph (1)(A) with respect to the rule18 making. 

19 ‘‘(C) CONSIDERATION OF FACTORS.—In 

20 establishing the timetable required under sub21 paragraph (A), an agency shall consider rel22 evant factors, including— 

23 ‘‘(i) the size and complexity of the 

24 rulemaking; 


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1 ‘‘(ii) the resources available to the 

2 agency; 

3 ‘‘(iii) the national significance of the 

4 rulemaking; and 

5 ‘‘(iv) all statutory requirements that 

6 govern the timing of the rulemaking. 

7 ‘‘(D) REPORT REQUIRED.— 

8 ‘‘(i) IN GENERAL.—An agency that 

9 fails to meet an intermediate or final com10 pletion date for an action established under 

11 subparagraph (A) shall submit to Congress 

12 and the Director of the Office of Manage13 ment and Budget a report regarding why 

14 the agency failed to meet the completion 

15 date. 

16 ‘‘(ii) CONTENTS; PUBLICATION IN

17 FEDERAL REGISTER.—A report submitted 

18 under clause (i) shall— 

19 ‘‘(I) include an amended time20 table for the rulemaking; and 

21 ‘‘(II) be published— 

22 ‘‘(aa) in the Federal Reg23 ister; and 

24 ‘‘(bb) in the electronic dock25 et established under paragraph 


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1 (1)(A) with respect to the rule2 making. 

3 ‘‘(E) CHANGES TO INTERMEDIATE DATES

4 PUBLISHED IN ELECTRONIC DOCKET.—If an 

5 agency changes an intermediate completion date 

6 for an action of the agency established under 

7 subparagraph (A)(i), the agency shall publish in 

8 the electronic docket established under para9 graph (1)(A)— 

10 ‘‘(i) the updated completion date for 

11 the action; and 

12 ‘‘(ii) a brief explanation regarding the 

13 reason for the change to the completion 

14 date. 

15 ‘‘(5) NOTICE OF DETERMINATION OF OTHER

16 AGENCY COURSE.— 

17 ‘‘(A) IN GENERAL.—If, after publishing 

18 the notice required under paragraph (1), an 

19 agency determines not to issue a major rule or 

20 a high-impact rule, the agency shall— 

21 ‘‘(i) publish a notice of determination 

22 of other agency course; and 

23 ‘‘(ii) if the agency intends to issue a 

24 rule, comply with the procedures required 

25 under subsection (c). 


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1 ‘‘(B) CONTENTS.—A notice of determina2 tion of other agency course published under 

3 subparagraph (A)(i) shall include— 

4 ‘‘(i) a description of the alternative re5 sponse the agency has determined to 

6 adopt; and 

7 ‘‘(ii) if the agency intends to issue a 

8 rule, any information required under sub9 section (c). 

10 ‘‘(e) PUBLIC HEARING FOR HIGH-IMPACT RULES.— 

11 ‘‘(1) PETITION FOR PUBLIC HEARING.— 

12 ‘‘(A) IN GENERAL.—Before the date on 

13 which the comment period closes with respect to 

14 a proposed high-impact rule, an interested per15 son may petition the agency that proposed the 

16 rule to hold a public hearing in accordance with 

17 this subsection. 

18 ‘‘(B) GRANTING AND DENIAL OF PETI19 TION.— 

20 ‘‘(i) GRANTING OF PETITION.—Not 

21 later than 30 days after the date on which 

22 an agency receives a petition submitted 

23 under subparagraph (A) with respect to a 

24 rule, the agency shall grant the petition, in 


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1 whole or in part, if the petition shows 

2 that— 

3 ‘‘(I) the proposed rule is based 

4 on conclusions with respect to 1 or 

5 more specific scientific, technical, eco6 nomic, or other complex factual issues 

7 that are genuinely disputed; 

8 ‘‘(II) with respect to a rule that 

9 the agency is required to reissue not 

10 less frequently than once every 3 

11 years, the interested person submit12 ting the petition could not have raised 

13 the disputed factual issues described 

14 in subclause (I) during the 5-year pe15 riod preceding the date on which the 

16 petition is submitted; and 

17 ‘‘(III) the resolution of the dis18 puted factual issues described in sub19 clause (I) would likely have an effect 

20 on— 

21 ‘‘(aa) the costs and benefits 

22 of the proposed rule; or 

23 ‘‘(bb) whether the proposed 

24 rule achieves relevant statutory 

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1 tives of the statutory provision on 

2 which the rulemaking relies. 

3 ‘‘(ii) DENIAL OF PETITION.—If an 

4 agency denies a petition submitted under 

5 subparagraph (A) in whole or in part, the 

6 agency shall include in the rulemaking 

7 record an explanation for the denial that is 

8 sufficient for judicial review, including— 

9 ‘‘(I) findings by the agency 

10 that— 

11 ‘‘(aa) there is no genuine 

12 dispute as to the factual issues 

13 raised by the petition; or 

14 ‘‘(bb) with respect to a rule 

15 that the agency is required to re16 issue not less frequently than 

17 once every 3 years, the interested 

18 person submitting the petition 

19 could have raised the disputed 

20 factual issues in the petition dur21 ing the 5-year period preceding 

22 the date on which the petition is 

23 submitted; and 

24 ‘‘(II) a reasoned determination 

25 by the agency that the factual issues 


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1 raised by the petition, even if subject 

2 to genuine dispute and not subject to 

3 subclause (I)(bb), will not have an ef4 fect on— 

5 ‘‘(aa) the costs and benefits 

6 of the proposed rule; or 

7 ‘‘(bb) whether the proposed 

8 rule achieves relevant statutory 

9 objectives, including the objec10 tives of the statutory provision on 

11 which the rulemaking relies. 

12 ‘‘(iii) INCLUSION IN THE RECORD.—A 

13 petition submitted under subparagraph (A) 

14 with respect to a high-impact rule and the 

15 decision of an agency with respect to the 

16 petition shall be included in the rulemaking 

17 record. 

18 ‘‘(2) NOTICE OF HEARING.—Not later than 45 

19 days before the date on which a hearing is held 

20 under this subsection, an agency shall publish in the 

21 Federal Register a notice specifying— 

22 ‘‘(A) the proposed rule to be considered at 

23 the hearing; and 

24 ‘‘(B) the factual issues to be considered at 

25 the hearing. 


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1 ‘‘(3) HEARING REQUIREMENTS.— 

2 ‘‘(A) LIMITED NATURE OF HEARING.—A 

3 hearing held under this subsection shall be lim4 ited to— 

5 ‘‘(i) the specific factual issues raised 

6 in a petition granted in whole or in part 

7 under paragraph (1); and 

8 ‘‘(ii) any other factual issues the reso9 lution of which an agency, in the discretion 

10 of the agency, determines will advance con11 sideration by the agency of the proposed 

12 rule. 

13 ‘‘(B) PROCEDURES.— 

14 ‘‘(i) BURDEN OF PROOF.—Except as 

15 otherwise provided by statute, a proponent 

16 of a rule has the burden of proof in a hear17 ing held under this subsection. 

18 ‘‘(ii) ADMISSION OF EVIDENCE.—In a 

19 hearing held under this subsection, any 

20 documentary or oral evidence may be re21 ceived, except that an agency, as a matter 

22 of policy, shall provide for the exclusion of 

23 immaterial or unduly repetitious evidence. 

24 ‘‘(iii) ADOPTION OF RULES GOV25 ERNING HEARINGS.—To govern a hearing 


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1 held under this subsection, each agency 

2 shall adopt rules that provide for— 

3 ‘‘(I) the appointment of an agen4 cy official or administrative law judge 

5 to preside at the hearing; 

6 ‘‘(II) the presentation by inter7 ested parties of relevant documentary 

8 or oral evidence, unless the evidence is 

9 immaterial or unduly repetitious; 

10 ‘‘(III) a reasonable and adequate 

11 opportunity for cross-examination by 

12 interested parties concerning genu13 inely disputed factual issues raised by 

14 the petition, provided that, in the case 

15 of multiple interested parties with the 

16 same or similar interests, the agency 

17 may require the use of common coun18 sel where the common counsel may 

19 adequately represent the interests that 

20 will be significantly affected by the 

21 proposed rule; and 

22 ‘‘(IV) when appropriate, and to 

23 the extent practicable, the consolida24 tion of proceedings with respect to 


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1 multiple petitions submitted under 

2 this subsection into a single hearing. 

3 ‘‘(C) RECORD OF HEARING.—A transcript 

4 of testimony and exhibits, together with all pa5 pers and requests filed in the hearing, shall 

6 constitute the exclusive record for decision of 

7 the factual issues addressed in a hearing held 

8 under this subsection. 

9 ‘‘(4) JUDICIAL REVIEW.— 

10 ‘‘(A) IN GENERAL.—Failure to petition for 

11 a hearing under this subsection shall not pre12 clude judicial review of any claim that could 

13 have been raised in the hearing petition or at 

14 the hearing. 

15 ‘‘(B) TIMING OF JUDICIAL REVIEW.— 

16 There shall be no judicial review of the disposi17 tion of a petition by an agency under this sub18 section until judicial review of the final action 

19 of the agency. 

20 ‘‘(f) FINAL RULES.— 

21 ‘‘(1) NET BENEFITS OF MAJOR OR HIGH-IM22 PACT RULE.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), in a rulemaking for a major 

25 rule or a high-impact rule, an agency shall 


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1 adopt the alternative considered under sub2 section (b)(5) that maximizes net benefits, tak3 ing into consideration only the costs and bene4 fits that arise within the scope of the statutory 

5 provision that authorizes the rulemaking. 

6 ‘‘(B) EXCEPTIONS.—In a rulemaking for a 

7 major rule or a high-impact rule, an agency 

8 may adopt an alternative other than as required 

9 under subparagraph (A) only if— 

10 ‘‘(i) the Administrator approves the 

11 adoption by the agency of the alternative; 

12 and 

13 ‘‘(ii) the alternative is adopted to— 

14 ‘‘(I) account for costs or benefits 

15 that cannot be quantified, including 

16 costs or benefits related to constitu17 tional or civil rights, provided that the 

18 agency identifies all such costs and 

19 benefits and explains why those costs 

20 and benefits justify the adoption of 

21 the alternative; or 

22 ‘‘(II) achieve additional benefits 

23 or cost reductions, provided that the 

24 agency— 

25 ‘‘(aa) identifies— 


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1 ‘‘(AA) all such addi2 tional benefits and the asso3 ciated costs of those bene4 fits; and 

5 ‘‘(BB) all such cost re6 ductions and the associated 

7 benefits of those cost reduc8 tions; and 

9 ‘‘(bb) explains why— 

10 ‘‘(AA) the additional 

11 benefits justify the addi12 tional costs; or 

13 ‘‘(BB) the additional 

14 cost reductions justify any 

15 benefits foregone. 

16 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

17 in subparagraph (A) may be construed to pre18 clude an agency from including in an alter19 native adopted pursuant to such subparagraph 

20 changes made as a result of agency analysis or 

21 review performed under chapter 6 of this title. 

22 ‘‘(2) PUBLICATION OF NOTICE OF FINAL RULE23 MAKING.—After submitting a final rule to the Ad24 ministrator for review and obtaining a certification 

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1 cluded, the agency shall publish a notice of final 

2 rulemaking in the Federal Register, which shall in3 clude— 

4 ‘‘(A) a concise, general statement of the 

5 basis and purpose of the rule and a reference 

6 to the legal authority under which the rule is 

7 made, including the specific statutory provision 

8 on which the rulemaking relies; 

9 ‘‘(B) a reasoned determination by the 

10 agency regarding the considerations described 

11 in subsection (b); 

12 ‘‘(C) a response to each significant issue 

13 raised in the comments on the proposed rule; 

14 and 

15 ‘‘(D) with respect to a major rule or a 

16 high-impact rule, a reasoned determination by 

17 the agency that— 

18 ‘‘(i) the benefits of the rule advance 

19 the relevant objectives of the statutory pro20 vision on which the rulemaking relies and 

21 justify the costs of the rule; and 

22 ‘‘(ii)(I) no other alternative considered 

23 would achieve the relevant objectives of the 

24 statutory provision on which the rule25 making relies in a manner that more 


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1 greatly maximizes net benefits as required 

2 under paragraph (1)(A); or 

3 ‘‘(II) the adoption by the agency of a 

4 more costly or less costly rule complies 

5 with paragraph (1)(B). 

6 ‘‘(3) INFORMATION QUALITY.—If an agency 

7 rulemaking rests upon scientific, technical, or eco8 nomic information, the agency shall— 

9 ‘‘(A) adopt a final rule on the basis of the 

10 best reasonably available scientific, technical, or 

11 economic information; and 

12 ‘‘(B) to the maximum extent practicable, 

13 use that information in compliance with the 

14 guidelines issued under section 515 of the 

15 Treasury and General Government Appropria16 tions Act, 2001 (Public Law 106–554; 114 

17 Stat. 2763A–154). 

18 ‘‘(4) ACCESSIBILITY.— 

19 ‘‘(A) IN GENERAL.—Not later than the 

20 date on which an agency publishes a notice of 

21 final rulemaking under paragraph (2), all stud22 ies, models, scientific literature, and other in23 formation developed or relied upon by the agen24 cy, and actions taken by the agency to obtain 

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1 mination of the agency to finalize the rule that 

2 is the subject of the rulemaking shall be placed 

3 in the docket for the rule and made accessible 

4 to the public. 

5 ‘‘(B) INFORMATION CONTROLLED BY NON6 GOVERNMENTAL PERSON.—With respect to any 

7 information to which a nongovernmental person 

8 holds a legal right to prohibit or limit reproduc9 tion, distribution, or public display, the infor10 mation shall be— 

11 ‘‘(i) placed in the docket through cita12 tion or incorporation by reference, includ13 ing a specification of the identity of the 

14 nongovernmental person who holds a legal 

15 right to prohibit or limit reproduction, dis16 tribution, or public display of the informa17 tion and the means by which a member of 

18 the public may request a full copy of the 

19 information from that holder; and 

20 ‘‘(ii) considered made accessible to the 

21 public after a placement described in 

22 clause (i), provided that the nongovern23 mental person who holds a legal right to 

24 prohibit or limit reproduction, distribution, 

25 or public display of the information makes 


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1 the information reasonably available upon 

2 request in a timely manner. 

3 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

4 and (B) shall not apply with respect to informa5 tion that is exempt from disclosure under sec6 tion 552(b). 

7 ‘‘(5) RULES ADOPTED AT THE END OF A PRESI8 DENTIAL ADMINISTRATION.— 

9 ‘‘(A) IN GENERAL.—During the 60-day pe10 riod beginning on a transitional inauguration 

11 day (as defined in section 3349a), with respect 

12 to any final rule that had been placed on file 

13 for public inspection by the Office of the Fed14 eral Register or published in the Federal Reg15 ister as of the date of the inauguration, but 

16 which had not become effective by the date of 

17 the inauguration, the agency issuing the rule 

18 may, by order, delay the effective date of the 

19 rule for not more than 90 days for the purpose 

20 of obtaining public comment on whether— 

21 ‘‘(i) the rule should be amended or re22 scinded; or 

23 ‘‘(ii) the effective date of the rule 

24 should be further delayed. 


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1 ‘‘(B) OPPORTUNITY FOR COMMENT.—If an 

2 agency delays the effective date of a rule under 

3 subparagraph (A), the agency shall give the 

4 public not less than 30 days to submit com5 ments. 

6 ‘‘(g) APPLICABILITY.— 

7 ‘‘(1) PRIMACY OF CERTAIN RULEMAKING CON8 SIDERATIONS AND PROCEDURES IN OTHER FEDERAL

9 LAWS.— 

10 ‘‘(A) CONSIDERATIONS.—If a rulemaking 

11 is authorized under a Federal law that requires 

12 an agency to consider, or prohibits an agency 

13 from considering, a factor in a manner that is 

14 inconsistent with, or that conflicts with, the re15 quirements under this section, for the purposes 

16 of this section, the requirement or prohibition, 

17 as applicable, in that other Federal law shall 

18 apply to the agency in the rulemaking. 

19 ‘‘(B) PROCEDURAL REQUIREMENTS.—If a 

20 rulemaking is authorized under a Federal law 

21 that requires an agency to follow or use, or pro22 hibits an agency from following or using, a pro23 cedure in a manner that is duplicative of, or 

24 that conflicts with, a procedural requirement 

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1 tion, the requirement or prohibition, as applica2 ble, in that other Federal law shall apply to the 

3 agency in the rulemaking. 

4 ‘‘(2) GUIDANCE AND RULES OF ORGANIZA5 TION.—Except as otherwise provided by law, this 

6 section shall not apply to guidance or rules of agen7 cy organization, procedure, or practice. 

8 ‘‘(3) EXCEPTIONS FOR GOOD CAUSE.— 

9 ‘‘(A) FINDING OF GOOD CAUSE.— 

10 ‘‘(i) IN GENERAL.—If an agency for 

11 good cause finds that compliance with sub12 section (c), (d), (e), or (f)(2)(B) before 

13 issuing a final rule is unnecessary, imprac14 ticable, or contrary to the public interest, 

15 that subsection shall not apply and the 

16 agency may issue the final rule or an in17 terim final rule, as applicable, under sub18 paragraph (B) or (C). 

19 ‘‘(ii) INCORPORATION OF GOOD CAUSE

20 FINDING.—If an agency makes a finding 

21 under clause (i), the agency shall include 

22 that finding and a brief statement with re23 spect to the reasons for that finding in the 

24 final rule or interim final rule, as applica25 ble, issued by the agency. 


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1 ‘‘(B) DIRECT FINAL RULES.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), if an agency makes a 

4 finding under subparagraph (A)(i) that 

5 compliance with subsection (c), (d), (e), or 

6 (f)(2)(B) before issuing a final rule is un7 necessary, the agency shall, before issuing 

8 the final rule— 

9 ‘‘(I) publish in the Federal Reg10 ister the text of the final rule, the 

11 brief statement required under sub12 paragraph (A)(ii), and a notice of op13 portunity for public comment; 

14 ‘‘(II) establish a comment period 

15 of not less than 30 days for any inter16 ested person to submit written mate17 rial, data, views, or arguments with 

18 respect to the final rule; and 

19 ‘‘(III) provide notice of the date 

20 on which the rule will take effect. 

21 ‘‘(ii) EXCEPTION.—An agency that 

22 made a finding described in clause (i) may 

23 choose not to follow the requirements 

24 under that clause if the agency determines 


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1 that following the requirements would not 

2 expedite the issuance of the final rule. 

3 ‘‘(iii) ADVERSE COMMENTS.—If an 

4 agency receives significant adverse com5 ments with respect to a rule during the 

6 comment period established under clause 

7 (i)(II), the agency shall— 

8 ‘‘(I) withdraw the notice of final 

9 rulemaking published by the agency 

10 with respect to the rule; and 

11 ‘‘(II) complete rulemaking in ac12 cordance with subsections (c) through 

13 (f), as applicable. 

14 ‘‘(C) INTERIM FINAL RULES.— 

15 ‘‘(i) IN GENERAL.—If an agency for 

16 good cause finds that compliance with sub17 section (c), (d), (e), or (f)(2)(B) before 

18 issuing a final rule is impracticable or con19 trary to the public interest, the agency 

20 shall issue an interim final rule by— 

21 ‘‘(I) publishing the interim final 

22 rule and a request for public comment 

23 in the portion of the Federal Register 

24 relating to final rules; and 


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1 ‘‘(II) providing a cross-reference 

2 in the portion of the Federal Register 

3 relating to proposed rules that re4 quests public comment with respect to 

5 the rule not later than 60 days after 

6 the rule is published under subclause 

7 (I). 

8 ‘‘(ii) INTERIM PERIOD.— 

9 ‘‘(I) IN GENERAL.—Not later 

10 than 180 days after the date on which 

11 an agency issues an interim final rule 

12 under clause (i), the agency shall— 

13 ‘‘(aa) rescind the interim 

14 rule; 

15 ‘‘(bb) initiate rulemaking in 

16 accordance with subsections (c) 

17 through (f); or 

18 ‘‘(cc) take final action to 

19 adopt a final rule. 

20 ‘‘(II) NO FORCE OR EFFECT.—If, 

21 as of the end of the 180-day period 

22 described in subclause (I), an agency 

23 fails to take an action described in 

24 item (aa), (bb), or (cc) of that sub25 clause, the interim final rule issued by 


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1 the agency shall have no force or ef2 fect. 

3 ‘‘(4) EXEMPTION FOR MONETARY POLICY.— 

4 This section shall not apply to a rulemaking or to 

5 guidance that concerns monetary policy proposed or 

6 implemented by the Board of Governors of the Fed7 eral Reserve System or the Federal Open Market 

8 Committee. 

9 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

10 this subsection shall be construed to modify, alter, or 

11 abridge exclusive rights held pursuant to title 17. 

12 ‘‘(h) DATE OF PUBLICATION.—A final rule, a direct 

13 final rule described in subsection (g)(3)(B), or an interim 

14 final rule described in subsection (g)(3)(C) shall be pub15 lished not later than 30 days (or, in the case of a major 

16 rule or a high-impact rule, not later than 60 days) before 

17 the effective date of the rule, except— 

18 ‘‘(1) for guidance; or 

19 ‘‘(2) as otherwise provided by an agency for 

20 good cause and as published with the rule. 

21 ‘‘(i) RIGHT TO PETITION AND REVIEW OF RULES.— 

22 Each agency shall— 

23 ‘‘(1) give interested persons the right to petition 

24 for the issuance, amendment, or repeal of a rule; 

25 and 


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1 ‘‘(2) on a continuing basis, invite interested 

2 persons to submit, by electronic means, suggestions 

3 for rules that warrant retrospective review and pos4 sible modification or repeal. 

5 ‘‘(j) RULEMAKING GUIDELINES.— 

6 ‘‘(1) ASSESSMENT OF RULES.— 

7 ‘‘(A) IN GENERAL.—The Administrator 

8 shall establish guidelines regarding rulemaking 

9 as follows: 

10 ‘‘(i) IDENTIFICATION OF NEED FOR

11 RULES.—Guidelines setting forth how 

12 needs for rulemaking should be identified, 

13 including— 

14 ‘‘(I) whether rulemaking is made 

15 necessary by compelling public need, 

16 such as material failures of private 

17 markets or public institutions to pro18 tect or improve the health and safety 

19 of the public, the environment, or the 

20 well-being of the public; and 

21 ‘‘(II) whether rulemaking needs 

22 could be lessened by reliance on po23 tential State, local, Tribal, or regional 

24 regulatory action or other responses 


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1 that could be taken in lieu of agency 

2 action. 

3 ‘‘(ii) ASSESSMENT OF RULES.—Guide4 lines setting forth how the assessment, in5 cluding the quantitative and qualitative as6 sessment, of proposed and final rules 

7 should occur, including how to determine— 

8 ‘‘(I) the costs and benefits of 

9 proposed and final rules and alter10 natives to them, including quantifiable 

11 and non-quantifiable costs and bene12 fits; 

13 ‘‘(II) whether proposed and final 

14 rules maximize net benefits; 

15 ‘‘(III) estimated impacts on jobs, 

16 wages, competition, innovation, and 

17 low-income populations; 

18 ‘‘(IV) other economic issues that 

19 are relevant to rulemaking under this 

20 section or other sections of this part; 

21 and 

22 ‘‘(V) risk assessments that are 

23 relevant to rulemaking under this sec24 tion and other sections of this part. 


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1 ‘‘(iii) NUMBERS OF ALTERNATIVES.— 

2 Guidelines regarding when it may be rea3 sonable to consider in a rulemaking more 

4 alternatives than the number presumed to 

5 be reasonable under subsection (b)(4). 

6 ‘‘(iv) ADOPTION OF ALTERNATIVES

7 FOR MAJOR OR HIGH-IMPACT RULES.— 

8 Guidelines regarding when it may be ap9 propriate, in a rulemaking for a major or 

10 high-impact rule, to adopt an alternative 

11 final rule under subsection (f)(1)(B). 

12 ‘‘(v) ADMINISTRATOR REVIEW.— 

13 Guidelines regarding the efficient submis14 sion and review of proposed and final rules 

15 under subsections (c)(1) and (f)(2). 

16 ‘‘(B) AGENCY ANALYSIS OF RULES.— 

17 ‘‘(i) IN GENERAL.—The rigor of the 

18 cost-benefit analysis required or rec19 ommended by the guidelines established 

20 under subparagraph (A) shall be commen21 surate, as determined by the Adminis22 trator, with the economic impact of a rule. 

23 ‘‘(ii) RISK ASSESSMENT GUIDE24 LINES.—Guidelines for a risk assessment 


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1 described in subparagraph (A)(iv) shall in2 clude criteria for— 

3 ‘‘(I) selecting studies and models; 

4 ‘‘(II) evaluating and weighing 

5 evidence; and 

6 ‘‘(III) conducting peer reviews. 

7 ‘‘(C) UPDATING GUIDELINES.—Not less 

8 frequently than once every 10 years, the Ad9 ministrator shall update the guidelines estab10 lished under subparagraph (A) to enable each 

11 agency to use the best available techniques to 

12 identify, quantify, and evaluate the need for 

13 rulemaking and present and future benefits, 

14 costs, other economic issues, and risks as objec15 tively and accurately as practicable. 

16 ‘‘(2) SIMPLIFICATION OF RULES.— 

17 ‘‘(A) ISSUANCE OF GUIDELINES.—The Ad18 ministrator shall issue guidelines to promote co19 ordination, simplification, and harmonization of 

20 agency rules during the rulemaking process. 

21 ‘‘(B) REQUIREMENTS.—The guidelines 

22 issued by the Administrator under subpara23 graph (A) shall advise each agency to— 

24 ‘‘(i) avoid rules that are inconsistent 

25 or incompatible with, or duplicative of, 


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1 other regulations of the agency and those 

2 of other agencies; and 

3 ‘‘(ii) draft the rules of the agency to 

4 be simple and easy to understand, with the 

5 goal of minimizing the potential for uncer6 tainty and litigation arising from the un7 certainty. 

8 ‘‘(3) CONSISTENCY IN RULEMAKING.— 

9 ‘‘(A) IN GENERAL.—To promote consist10 ency in rulemaking, the Administrator shall— 

11 ‘‘(i) issue guidelines to ensure that 

12 rulemaking conducted in whole or in part 

13 under procedures specified in provisions of 

14 law other than those under this section 

15 conform with the procedures set forth in 

16 this section to the fullest extent allowed by 

17 law; and 

18 ‘‘(ii) issue guidelines for the adoption 

19 of rules under subsection (e)(3)(B)(iii), 

20 which shall provide a reasonable oppor21 tunity for cross-examination, as described 

22 in subsection (e)(3)(B)(iii)(III). 

23 ‘‘(B) AGENCY ADOPTION OF REGULA24 TIONS.—Each agency shall adopt regulations 


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1 for the conduct of hearings consistent with the 

2 guidelines issued under this paragraph. 

3 ‘‘(k) AGENCY GUIDANCE; PROCEDURES TO ISSUE

4 MAJOR GUIDANCE; AUTHORITY TO ISSUE GUIDELINES

5 FOR ISSUANCE OF GUIDANCE.— 

6 ‘‘(1) IN GENERAL.—Agency guidance shall— 

7 ‘‘(A) not be used by an agency to foreclose 

8 consideration of issues as to which the guidance 

9 expresses a conclusion; 

10 ‘‘(B) state that the guidance is not legally 

11 binding; and 

12 ‘‘(C) at the time the guidance is issued, or 

13 upon request, be made available by the issuing 

14 agency to interested persons and the public. 

15 ‘‘(2) PROCEDURES TO ISSUE MAJOR GUID16 ANCE.—Before issuing any major guidance, an agen17 cy shall make and document a reasoned determina18 tion that— 

19 ‘‘(A) such guidance is understandable and 

20 complies with relevant statutory objectives and 

21 regulatory provisions; and 

22 ‘‘(B) identifies the costs and benefits, in23 cluding all costs and benefits to be considered 

24 during a rulemaking as required under sub25 section (b), of requiring conduct conforming to 


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1 such guidance and assures that such benefits 

2 justify such costs. 

3 ‘‘(3) ISSUANCE OF UPDATED GUIDANCE.— 

4 ‘‘(A) IN GENERAL.—The Administrator 

5 shall issue updated guidelines for use by agen6 cies in the issuance of guidance documents. 

7 ‘‘(B) REQUIREMENTS.—The guidelines 

8 issued by the Administrator under subpara9 graph (A) shall advise each agency— 

10 ‘‘(i) not to issue guidance documents 

11 that are inconsistent or incompatible with, 

12 or duplicative of, other rules of the agency 

13 and those of other agencies; 

14 ‘‘(ii) to draft the guidance documents 

15 of the agency to be simple and easy to un16 derstand, with the goal of minimizing the 

17 potential for uncertainty and litigation 

18 arising from the uncertainty; and 

19 ‘‘(iii) how to develop and implement a 

20 strategy to ensure the proper use of guid21 ance by the agency. 

22 ‘‘(l) MAJOR RULE AND HIGH-IMPACT RULE FRAME23 WORKS.— 

24 ‘‘(1) IN GENERAL.—Beginning on the date that 

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1 section, when an agency publishes in the Federal 

2 Register— 

3 ‘‘(A) a proposed major rule or a proposed 

4 high-impact rule, the agency shall include a po5 tential framework for assessing the rule, which 

6 shall include a general statement of how the 

7 agency intends to measure the effectiveness of 

8 the rule; or 

9 ‘‘(B) a final major rule or a final high-im10 pact rule, the agency shall include a framework 

11 for assessing the rule under paragraph (2), 

12 which shall include— 

13 ‘‘(i) a clear statement of the regu14 latory objectives of the rule, including a 

15 summary of the benefit and cost of the 

16 rule; 

17 ‘‘(ii) the methodology by which the 

18 agency plans to analyze the rule, including 

19 metrics by which the agency can meas20 ure— 

21 ‘‘(I) the effectiveness and bene22 fits of the rule in producing the regu23 latory objectives of the rule; and 


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1 ‘‘(II) the impacts, including any 

2 costs, of the rule on regulated and 

3 other impacted entities; 

4 ‘‘(iii) a plan for gathering data re5 garding the metrics described in clause (ii) 

6 on an ongoing basis, or at periodic times, 

7 including a method by which the agency 

8 will invite the public to participate in the 

9 review process and seek input from other 

10 agencies; and 

11 ‘‘(iv) a specific timeframe, as appro12 priate to the rule and not more than 10 

13 years after the effective date of the rule, 

14 under which the agency shall conduct the 

15 assessment of the rule in accordance with 

16 paragraph (2)(A). 

17 ‘‘(2) ASSESSMENT.— 

18 ‘‘(A) IN GENERAL.—Each agency shall as19 sess the data collected under paragraph 

20 (1)(B)(iii), using the methodology set forth in 

21 paragraph (1)(B)(ii) or any other appropriate 

22 methodology developed after the issuance of a 

23 final major rule or a final high-impact rule to 

24 better determine whether the regulatory objec25 tive was achieved, with respect to the rule— 


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1 ‘‘(i) to analyze how the actual benefits 

2 and costs of the rule may have varied from 

3 those anticipated at the time the rule was 

4 issued; and 

5 ‘‘(ii) to determine whether— 

6 ‘‘(I) the rule is accomplishing the 

7 regulatory objective of the rule; 

8 ‘‘(II) the rule has been rendered 

9 unnecessary, taking into consider10 ation— 

11 ‘‘(aa) changes in the subject 

12 area affected by the rule; and 

13 ‘‘(bb) whether the rule over14 laps, duplicates, or conflicts 

15 with— 

16 ‘‘(AA) other rules; or 

17 ‘‘(BB) to the extent 

18 feasible, State and local gov19 ernment regulations; 

20 ‘‘(III) the rule needs to be modi21 fied in order to accomplish the regu22 latory objective; and 

23 ‘‘(IV) other alternatives to the 

24 rule or modification of the rule could 

25 better achieve the regulatory objective 


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1 while imposing a smaller burden on 

2 society or increase cost-effectiveness, 

3 taking into consideration any cost al4 ready incurred. 

5 ‘‘(B) DIFFERENT METHODOLOGY.—If an 

6 agency uses a methodology other than the 

7 methodology under paragraph (1)(B)(ii) to as8 sess data under subparagraph (A), the agency 

9 shall include as part of the notice required to 

10 be published under subparagraph (D) an expla11 nation of the changes in circumstances that ne12 cessitated the use of that other methodology. 

13 ‘‘(C) SUBSEQUENT ASSESSMENTS.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clause (ii), if, after an assessment 

16 of a major rule or a high-impact rule 

17 under subparagraph (A), an agency deter18 mines that the rule will remain in effect 

19 with or without modification, the agency 

20 shall— 

21 ‘‘(I) determine a specific time, as 

22 appropriate to the rule and not more 

23 than 10 years after the date on which 

24 the agency completes the assessment, 

25 under which the agency shall conduct 


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1 another assessment of the rule in ac2 cordance with subparagraph (A); and 

3 ‘‘(II) if the assessment conducted 

4 under subclause (I) does not result in 

5 a repeal of the rule, periodically assess 

6 the rule in accordance with subpara7 graph (A) to ensure that the rule con8 tinues to meet the regulatory objec9 tive. 

10 ‘‘(ii) EXEMPTION.—The Adminis11 trator may exempt an agency from con12 ducting a subsequent assessment of a rule 

13 under clause (i) if the Administrator deter14 mines that there is a foreseeable and ap15 parent need for the rule beyond the time16 frame required under clause (i)(I). 

17 ‘‘(D) PUBLICATION.—Not later than 180 

18 days after the date on which an agency com19 pletes an assessment of a major rule or a high20 impact rule under subparagraph (A), the agen21 cy shall publish a notice of availability of the re22 sults of the assessment in the Federal Register, 

23 including the specific time for any subsequent 

24 assessment of the rule under subparagraph 

25 (C)(i), if applicable. 


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1 ‘‘(3) OIRA OVERSIGHT.—The Administrator 

2 shall— 

3 ‘‘(A) issue guidance for agencies regarding 

4 the development of the framework under para5 graph (1) and the conduct of the assessments 

6 under paragraph (2)(A); 

7 ‘‘(B) oversee the timely compliance of 

8 agencies with this subsection; 

9 ‘‘(C) ensure that the results of each assess10 ment conducted under paragraph (2)(A) are— 

11 ‘‘(i) published promptly on a central12 ized Federal website; and 

13 ‘‘(ii) noticed in the Federal Register 

14 in accordance with paragraph (2)(D); 

15 ‘‘(D) ensure that agencies streamline and 

16 coordinate the assessment of major rules or 

17 high-impact rules with similar or related regu18 latory objectives; 

19 ‘‘(E) exempt an agency from including the 

20 framework required under paragraph (1)(B) 

21 when publishing a final major rule or a final 

22 high-impact rule if the Administrator deter23 mines that compliance with paragraph (1)(B) is 

24 unnecessary, impracticable, or contrary to the 


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1 public interest, as described in subsection 

2 (g)(3)(A)(i); and 

3 ‘‘(F) extend the deadline specified by an 

4 agency for an assessment of a major rule or a 

5 high-impact rule under paragraph (1)(B)(iv) or 

6 paragraph (2)(C)(i)(I) for a period of not more 

7 than 90 days if the agency justifies why the 

8 agency is unable to complete the assessment by 

9 that deadline. 

10 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

11 this subsection shall be construed to affect— 

12 ‘‘(A) the authority of an agency to assess 

13 or modify a major rule or a high-impact rule of 

14 the agency earlier than the end of the time15 frame specified for the rule under paragraph 

16 (1)(B)(iv); or 

17 ‘‘(B) any other provision of law that re18 quires an agency to conduct retrospective re19 views of rules issued by the agency. 

20 ‘‘(5) APPLICABILITY.— 

21 ‘‘(A) IN GENERAL.—This subsection shall 

22 not apply to— 

23 ‘‘(i) a major rule or a high-impact 

24 rule of an agency— 


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1 ‘‘(I) that the Administrator re2 viewed before the date of enactment of 

3 this subsection; 

4 ‘‘(II) for which the agency is re5 quired to conduct a retrospective re6 view under any other provision of law 

7 that meets or exceeds the require8 ments of this subsection, as deter9 mined by the Administrator; or 

10 ‘‘(III) for which the authorizing 

11 statute is subject to periodic reauthor12 ization by Congress not less fre13 quently than once every 10 years; 

14 ‘‘(ii) guidance; 

15 ‘‘(iii) routine and administrative rules; 

16 or 

17 ‘‘(iv) a rule that is reviewed under 

18 section 2222 of the Economic Growth and 

19 Regulatory Paperwork Reduction Act of 

20 1996 (12 U.S.C. 3311). 

21 ‘‘(B) DIRECT AND INTERIM FINAL MAJOR

22 RULE OR HIGH-IMPACT RULE.—In the case of a 

23 major rule or a high-impact rule of an agency 

24 for which the agency is not required to issue a 

25 notice of proposed rulemaking in response to an 


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1 emergency or a statutorily imposed deadline, 

2 the agency shall publish the framework required 

3 under paragraph (1)(B) in the Federal Register 

4 not later than 180 days after the date on which 

5 the agency publishes the rule. 

6 ‘‘(6) RECOMMENDATIONS TO CONGRESS.—If, 

7 under an assessment conducted under paragraph 

8 (2), an agency determines that a major rule or a 

9 high-impact rule should be modified or repealed, the 

10 agency may submit to Congress recommendations 

11 for legislation to amend applicable provisions of law 

12 if the agency is prohibited from modifying or repeal13 ing the rule under another provision of law. 

14 ‘‘(7) JUDICIAL REVIEW.— 

15 ‘‘(A) IN GENERAL.—Judicial review of 

16 agency compliance with this subsection is lim17 ited to whether an agency— 

18 ‘‘(i) published the framework for as19 sessment of a major rule or a high-impact 

20 rule in accordance with paragraph (1); or 

21 ‘‘(ii) completed and published the re22 quired assessment of a major rule or a 

23 high-impact rule in accordance with sub24 paragraphs (A) and (D) of paragraph (2). 


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1 ‘‘(B) REMEDY AVAILABLE.—In granting 

2 relief in an action brought under subparagraph 

3 (A), a court may only issue an order remanding 

4 the major rule or the high-impact rule, as appli5 cable, to the agency to comply with paragraph 

6 (1) or subparagraph (A) or (D) of paragraph 

7 (2), as applicable. 

8 ‘‘(C) EFFECTIVE DATE OF MAJOR OR

9 HIGH-IMPACT RULE.—If, in an action brought 

10 under subparagraph (A)(i), a court determines 

11 that the agency did not comply, the major rule 

12 or the high-impact rule, as applicable, shall take 

13 effect notwithstanding any order issued by the 

14 court. 

15 ‘‘(m) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to limit the scope of the authority 

17 of the Office of Information and Regulatory Affairs under 

18 subchapter I of chapter 35 of title 44, section 515 of the 

19 Treasury and General Government Appropriations Act, 

20 2001 (Public Law 106–554; 114 Stat. 2763A–154), chap21 ter 8 of this title, or any other law or Executive Order.’’. 

22 SEC. 4. SCOPE OF REVIEW. 

23 Section 706 of title 5, United States Code, is amend24 ed— 


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1 (1) in the first sentence of the matter preceding 

2 paragraph (1), by striking ‘‘To the extent nec3 essary’’ and inserting the following: 

4 ‘‘(a) IN GENERAL.—To the extent necessary’’; and 

5 (2) in subsection (a), as so designated— 

6 (A) in paragraph (1), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (2)— 

9 (i) in the matter preceding subpara10 graph (A), by inserting ‘‘, or, when appro11 priate, remand a matter to an agency with12 out setting aside,’’ after ‘‘set aside’’; and 

13 (ii) in subparagraph (F), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (C) by striking the flush text following 

17 paragraph (2)(F) and inserting the following: 

18 ‘‘(3) with respect to the review of a high-impact 

19 rule, as defined in section 551 of this title, deter20 mine whether the factual findings of the agency 

21 issuing the rule are supported by substantial evi22 dence. 

23 ‘‘(b) REVIEW OF ENTIRE RECORD; PREJUDICIAL

24 ERROR.—In making a determination under subsection (a), 

25 the court shall review the whole record or those parts of 


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1 the record cited by a party, and due account shall be taken 

2 of the rule of prejudicial error. 

3 ‘‘(c) PRECLUSION OF REVIEW.— 

4 ‘‘(1) IN GENERAL.—Any action or inaction of 

5 the Administrator under subchapter II of chapter 5, 

6 except sections 552 and 552a, shall not be subject 

7 to judicial review. 

8 ‘‘(2) RULE OF CONSTRUCTION.—The preclusion 

9 of judicial review under this subsection shall not be 

10 construed or used to construe any other provision of 

11 law to provide any cause of action against the Ad12 ministrator, except as explicitly provided by law. 

13 ‘‘(d) REVIEW OF CERTAIN GUIDANCE.—Agency guid14 ance that does not interpret a statute or rule may be re15 viewed only under subsection (a)(2)(D). 

16 ‘‘(e) AGENCY INTERPRETATION OF RULES.—The 

17 weight that a reviewing court gives an interpretation by 

18 an agency of a rule of that agency shall depend on the 

19 thoroughness evident in the consideration of the rule by 

20 the agency, the validity of the reasoning of the agency, 

21 and the consistency of the interpretation with earlier and 

22 later pronouncements.’’. 

23 SEC. 5. ADDED DEFINITIONS. 

24 Section 701(b) of title 5, United States Code, is 

25 amended— 


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1 (1) in paragraph (1)(H), by striking ‘‘and’’ at 

2 the end; 

3 (2) in paragraph (2)— 

4 (A) by inserting ‘‘ ‘guidance’,’’ after ‘‘ ‘re5 lief’,’’; and 

6 (B) by striking the period at the end and 

7 inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(3) ‘substantial evidence’ means such relevant 

10 evidence as a reasonable mind might accept as ade11 quate to support a conclusion in light of the record 

12 considered as a whole.’’. 

13 SEC. 6. APPLICATION. 

14 The amendments made by this Act to sections 553, 

15 701(b), and 706 of title 5, United States Code, shall not 

16 apply to any rulemaking, as defined in section 551 of title 

17 5, United States Code, as amended by section 2 of this 

18 Act, that is pending or completed as of the date of enact19 ment of this Act. 

20 SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO COPY21 RIGHTS. 

22 Nothing in this Act, or in the amendments made by 

23 this Act, may be construed as altering, modifying, or 

24 abridging an exclusive right granted under title 17, United 

25 States Code. 


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1 SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) ALASKA NATIONAL INTEREST LANDS CONSERVA3 TION ACT.—Section 1002(g)(2) of the Alaska National In4 terest Lands Conservation Act (16 U.S.C. 3142(g)(2)) is 

5 amended, in the third sentence, by striking ‘‘section 

6 706(2)(E)’’ and inserting ‘‘section 706(a)(2)(E)’’. 

7 (b) ANTARCTIC MARINE LIVING RESOURCES CON8 VENTION ACT OF 1984.—Section 308(c) of the Antarctic 

9 Marine Living Resources Convention Act of 1984 (16 

10 U.S.C. 2437(c)) is amended, in the third sentence, by 

11 striking ‘‘section 706(2)(E)’’ and inserting ‘‘section 

12 706(a)(2)(E)’’. 

13 (c) CONGRESSIONAL ACCOUNTABILITY ACT OF

14 1995.—Section 409 of the Congressional Accountability 

15 Act of 1995 (2 U.S.C. 1409) is amended, in the first sen16 tence— 

17 (1) by striking ‘‘section 706(2)’’ and inserting 

18 ‘‘section 706(a)(2)’’; and 

19 (2) by striking ‘‘section 706(2)(B)’’ and insert20 ing ‘‘section 706(a)(2)(B)’’. 

21 (d) CONSUMER PRODUCT SAFETY ACT.—Section 9(i) 

22 of the Consumer Product Safety Act (15 U.S.C. 2058(i)) 

23 is amended, in the first sentence, by striking ‘‘section 

24 553(e)’’ and inserting ‘‘section 553(i)’’. 

25 (e) DEEP SEABED HARD MINERAL RESOURCES

26 ACT.—Section 302(b) of the Deep Seabed Hard Mineral 


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1 Resources Act (30 U.S.C. 1462(b)) is amended, in the 

2 third sentence, by striking ‘‘section 706(2)(E)’’ and in3 serting ‘‘section 706(a)(2)(E)’’. 

4 (f) DEFENSE PRODUCTION ACT OF 1950.—Section 

5 709(b)(1) of the Defense Production Act of 1950 (50 

6 U.S.C. 4559(b)(1)) is amended by striking ‘‘for not less 

7 than 30 days, consistent with the requirements of section 

8 553(b)’’ and inserting ‘‘in a manner consistent with the 

9 requirements of section 553(c)’’. 

10 (g) ENDANGERED SPECIES ACT OF 1973.—Section 

11 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 

12 1533(b)(3)) is amended— 

13 (1) in subparagraph (A), in the first sentence, 

14 by striking ‘‘section 553(e)’’ and inserting ‘‘section 

15 553(i)’’; and 

16 (2) in subparagraph (D)(i), in the first sen17 tence, by striking ‘‘section 553(e)’’ and inserting 

18 ‘‘section 553(i)’’. 

19 (h) EXPEDITED FUNDS AVAILABILITY ACT.—Section 

20 609(a) of the Expedited Funds Availability Act (12 U.S.C. 

21 4008(a)) is amended, in the matter preceding paragraph 

22 (1), by striking ‘‘section 553(c)’’ and inserting ‘‘section 

23 553’’. 

24 (i) FASTENER QUALITY ACT.—Section 6(b)(3) of the 

25 Fastener Quality Act (15 U.S.C. 5408(b)(3)) is amended, 


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1 in the second sentence, by striking ‘‘section 706(2)’’ and 

2 inserting ‘‘section 706(a)(2)’’. 

3 (j) FEDERAL FOOD, DRUG, AND COSMETIC ACT.— 

4 Section 912(b) of the Federal Food, Drug, and Cosmetic 

5 Act (21 U.S.C. 387l(b)) is amended, in the second sen6 tence, by striking ‘‘section 706(2)(A)’’ and inserting ‘‘sec7 tion 706(a)(2)(A)’’. 

8 (k) FEDERAL HAZARDOUS SUBSTANCES ACT.—Sec9 tion 3 of the Federal Hazardous Substances Act (15 

10 U.S.C. 1262) is amended— 

11 (1) in subsection (e)(1), in the first sentence, by 

12 striking ‘‘(other than clause (B) of the last sentence 

13 of subsection (b) of such section) of title 5 of the 

14 United States Code’’ and inserting ‘‘of title 5, 

15 United States Code, other than subsection (g)(3) of 

16 such section,’’; and 

17 (2) in subsection (j), in the first sentence, by 

18 striking ‘‘section 553(e)’’ and inserting ‘‘section 

19 553(i)’’. 

20 (l) FEDERAL TRADE COMMISSION ACT.—Section 

21 18(e) of the Federal Trade Commission Act (15 U.S.C. 

22 57a(e)) is amended— 

23 (1) in paragraph (3), in the second sentence of 

24 the matter preceding subparagraph (A), by striking 


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1 ‘‘section 706(2)’’ and inserting ‘‘section 706(a)(2)’’; 

2 and 

3 (2) in paragraph (5)(C), in the second sentence, 

4 by striking ‘‘Section 706(2)(E)’’ and inserting ‘‘Sec5 tion 706(a)(2)(E)’’. 

6 (m) FLAMMABLE FABRICS ACT.—The Flammable 

7 Fabrics Act (15 U.S.C. 1191 et seq.) is amended— 

8 (1) in section 4(k) (15 U.S.C. 1193(k)), in the 

9 first sentence, by striking ‘‘section 553(e)’’ and in10 serting ‘‘section 553(i)’’; and 

11 (2) in section 16(c)(2) (15 U.S.C. 1203(c)(2)), 

12 by striking ‘‘section 553(b)’’ and inserting ‘‘section 

13 553(c)’’. 

14 (n) GENERAL EDUCATION PROVISIONS ACT.—Sec15 tion 411 of the General Education Provisions Act (20 

16 U.S.C. 1221e–4) is amended, in the second sentence, by 

17 striking ‘‘Notwithstanding the exception provided under 

18 section 553(b) of title 5, such’’ and inserting ‘‘Such’’. 

19 (o) HIGH SEAS FISHING COMPLIANCE ACT OF

20 1995.—Section 108(d) of the High Seas Fishing Compli21 ance Act of 1995 (16 U.S.C. 5507(d)) is amended, in the 

22 third sentence, by striking ‘‘section 706(2)’’ and inserting 

23 ‘‘section 706(a)(2)’’. 


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1 (p) HOUSING AND COMMUNITY DEVELOPMENT ACT

2 OF 1992.—The Housing and Community Development 

3 Act of 1992 (12 U.S.C. 4501 et seq.) is amended— 

4 (1) in section 643(b)(3) (42 U.S.C. 

5 13603(b)(3)), in the first sentence, by striking 

6 ‘‘(notwithstanding subsections (a)(2), (b)(B), and 

7 (d)(3) of such section)’’ and inserting ‘‘(notwith8 standing subsections (a)(2), (g)(3), and (h)(2) of 

9 such section)’’; and 

10 (2) in section 685 (42 U.S.C. 13643), in the 

11 second sentence, by striking ‘‘(notwithstanding sub12 sections (a)(2), (b)(B), and (d)(3) of such section)’’ 

13 and inserting ‘‘(notwithstanding subsections (a)(2), 

14 (g)(3), and (h)(2) of such section)’’. 

15 (q) INTERNATIONAL BANKING ACT OF 1978.—Sec16 tion 7(f)(2) of the International Banking Act of 1978 (12 

17 U.S.C. 3105(f)(2)) is amended by striking ‘‘paragraph 

18 (2)(F)’’ and inserting ‘‘subsection (a)(2)(F)’’. 

19 (r) MAGNUSON-STEVENS FISHERY CONSERVATION

20 AND MANAGEMENT ACT.—Section 308(b) of the Magnu21 son-Stevens Fishery Conservation and Management Act 

22 (16 U.S.C. 1858(b)) is amended, in the third sentence, 

23 by striking ‘‘section 706(2)’’ and inserting ‘‘section 

24 706(a)(2)’’. 


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1 (s) MARINE MAMMAL PROTECTION ACT OF 1972.— 

2 Section 109 of the Marine Mammal Protection Act of 

3 1972 (16 U.S.C. 1379) is amended— 

4 (1) in subsection (c)(4), in the first sentence, by 

5 striking ‘‘section 706(2) (A) through (E) of Title’’ 

6 and inserting ‘‘subparagraphs (A) through (E) of 

7 section 706(a)(2) of title’’; and 

8 (2) in subsection (d)(2), in the second sen9 tence— 

10 (A) by striking ‘‘Title’’ and inserting 

11 ‘‘title’’; and 

12 (B) by striking ‘‘subsection (d) of such sec13 tion 553’’ and inserting ‘‘subsection (h) of such 

14 section 553’’. 

15 (t) MCKINNEY-VENTO HOMELESS ASSISTANCE

16 ACT.—Section 433 of the McKinney-Vento Homeless As17 sistance Act (42 U.S.C. 11387) is amended, in the second 

18 sentence, by striking ‘‘(notwithstanding subsections 

19 (a)(2), (b)(B), and (d)(3) of such section)’’ and inserting 

20 ‘‘(notwithstanding subsections (a)(2), (g)(3), and (h)(2) of 

21 such section)’’. 

22 (u) MIGRANT AND SEASONAL AGRICULTURAL WORK23 ER PROTECTION ACT.—The Migrant and Seasonal Agri24 cultural Worker Protection Act (29 U.S.C. 1801 et seq.) 

25 is amended— 


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1 (1) in section 103(c) (29 U.S.C. 1813(c)), in 

2 the third sentence, by striking ‘‘section 706(2)(E)’’ 

3 and inserting ‘‘section 706(a)(2)(E)’’; and 

4 (2) in section 503(c) (29 U.S.C. 1853(c)), in 

5 the third sentence, by striking ‘‘section 706(2)(E)’’ 

6 and inserting ‘‘section 706(a)(2)(E)’’. 

7 (v) MILWAUKEE RAILROAD RESTRUCTURING ACT.— 

8 The Milwaukee Railroad Restructuring Act (45 U.S.C. 

9 901 et seq.) is amended— 

10 (1) in section 5(b)(2) (45 U.S.C. 904(b)(2)), in 

11 the second sentence, by striking ‘‘sections 706(2)(A), 

12 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of 

13 the United States Code’’ and inserting ‘‘subpara14 graphs (A), (B), (C), and (D) of section 706(a)(2) 

15 of title 5, United States Code’’; and 

16 (2) in section 17(b)(2) (45 U.S.C. 915(b)(2)), 

17 in the second sentence, by striking ‘‘sections 

18 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of 

19 title 5 of the United States Code’’ and inserting 

20 ‘‘subparagraphs (A), (B), (C), and (D) of section 

21 706(a)(2) of title 5, United States Code’’. 

22 (w) NATIVE AMERICAN PROGRAMS ACT OF 1974.— 

23 Section 814 of the Native American Programs Act of 1974 

24 (42 U.S.C. 2992b–1) is amended— 

25 (1) in subsection (b)— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by striking ‘‘Subpara3 graph (A) of the last sentence of section 553(b) 

4 of title 5, United States Code, shall not apply 

5 with respect to any interpretative rule or gen6 eral statement of policy’’ and inserting ‘‘Section 

7 553(c) of title 5, United States Code, shall 

8 apply with respect to guidance’’; 

9 (B) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘Subparagraph (B) 

12 of the last sentence of section 553(b)’’ and 

13 inserting ‘‘Section 553(g)(3)’’; and 

14 (ii) by striking ‘‘an interpretative rule 

15 or a general statement of policy’’ and in16 serting ‘‘guidance’’; and 

17 (C) in paragraph (3), in the matter pre18 ceding subparagraph (A)— 

19 (i) by striking ‘‘The first 2 sentences 

20 of section 553(b)’’ and inserting ‘‘Section 

21 553(c)’’; and 

22 (ii) by striking ‘‘an interpretative rule, 

23 a general statement of policy,’’ and insert24 ing ‘‘guidance’’; 

25 (2) in subsection (c)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by striking ‘‘section 553(d)’’ and 

4 inserting ‘‘section 553(h)’’; and 

5 (ii) by striking ‘‘an interpretative 

6 rule) or general statement of policy’’ and 

7 inserting ‘‘guidance)’’; and 

8 (B) in the flush text following paragraph 

9 (2), by striking ‘‘the first 2 sentences of section 

10 553(b)’’ and inserting ‘‘section 553(c)’’; 

11 (3) in subsection (d), by striking ‘‘an interpre12 tative rule) and each general statement of policy’’ 

13 and inserting ‘‘guidance)’’; 

14 (4) in subsection (e)— 

15 (A) by striking ‘‘any interpretative rule) or 

16 a general statement of policy’’ and inserting 

17 ‘‘guidance)’’; and 

18 (B) by striking ‘‘or such general statement 

19 of policy’’; 

20 (5) in subsection (f)— 

21 (A) by striking ‘‘an interpretative rule) or 

22 a general statement of policy’’ and inserting 

23 ‘‘guidance)’’; and 

24 (B) by striking ‘‘or such general statement 

25 of policy’’; and 


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1 (6) by adding at the end the following: 

2 ‘‘(g) In this section, the term ‘guidance’ has the 

3 meaning given the term in section 551 of title 5, United 

4 States Code.’’. 

5 (x) NATURAL GAS POLICY ACT OF 1978.—Section 

6 502(b) of the Natural Gas Policy Act of 1978 (15 U.S.C. 

7 3412(b)) is amended, in the third sentence, by striking 

8 ‘‘section 553(d)(3)’’ and inserting ‘‘section 553(h)(2)’’. 

9 (y) NOISE CONTROL ACT OF 1972.—Section 6(c)(2) 

10 of the Noise Control Act of 1972 (42 U.S.C. 4905(c)(2)) 

11 is amended by striking ‘‘the first sentence of section 

12 553(c)’’ and inserting ‘‘section 553(c)(4)’’. 

13 (z) NORTHEAST RAIL SERVICE ACT OF 1981.—Sec14 tion 1152(c) of the Northeast Rail Service Act of 1981 

15 (45 U.S.C. 1105(c)) is amended by striking ‘‘paragraphs 

16 (2) (A), (B), (C), and (D) of section 706, title 5’’ and 

17 inserting ‘‘subparagraphs (A) through (D) of section 

18 706(a)(2) of title 5’’. 

19 (aa) NORTHERN PACIFIC HALIBUT ACT OF 1982.— 

20 Section 8(b) of the Northern Pacific Halibut Act of 1982 

21 (16 U.S.C. 773f(b)) is amended, in the third sentence, by 

22 striking ‘‘section 706(2)’’ and inserting ‘‘section 

23 706(a)(2)’’. 


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1 (bb) POISON PREVENTION PACKAGING ACT OF

2 1970.—The Poison Prevention Packaging Act of 1970 (15 

3 U.S.C. 1471 et seq.) is amended— 

4 (1) in section 5 (15 U.S.C. 1474)— 

5 (A) in subsection (a), in the first sentence, 

6 by striking ‘‘(other than paragraph (3)(B) of 

7 the last sentence of subsection (b) of such sec8 tion) of title 5 of the United States Code’’ and 

9 inserting ‘‘of title 5, United States Code, other 

10 than subsection (g)(3) of such section,’’; and 

11 (B) in subsection (b)— 

12 (i) by striking ‘‘of the United States 

13 Code’’ each place that term appears and 

14 inserting ‘‘, United States Code’’; and 

15 (ii) in paragraph (3), in the first sen16 tence, by striking ‘‘paragraph (2) of sec17 tion 706’’ and inserting ‘‘section 

18 706(a)(2)’’; and 

19 (2) in section 7(c)(2) (15 U.S.C. 1476(c)(2)), 

20 by striking ‘‘section 553(b)’’ and inserting ‘‘section 

21 553(c)’’. 

22 (cc) POULTRY PRODUCTS INSPECTION ACT.—Section 

23 14(c) of the Poultry Products Inspection Act (21 U.S.C. 

24 463(c)) is amended by striking ‘‘section 553(c) of title 5, 


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1 United States Code’’ and inserting ‘‘section 553(c)(4) of 

2 title 5, United States Code,’’. 

3 (dd) PUBLIC HEALTH SERVICE ACT.—Section 

4 2723(b)(2)(E)(iii) of the Public Health Service Act (42 

5 U.S.C. 300gg–22(b)(2)(E)(iii)) is amended by striking 

6 ‘‘section 706(2)(E)’’ and inserting ‘‘section 

7 706(a)(2)(E)’’. 

8 (ee) REGIONAL RAIL REORGANIZATION ACT OF

9 1973.—Section 216(c)(3) of the Regional Rail Reorga10 nization Act of 1973 (45 U.S.C. 726(c)(3)) is amended, 

11 in the fourth sentence, by striking ‘‘section 706(2)’’ and 

12 inserting ‘‘section 706(a)(2)’’. 

13 (ff) SOCIAL SECURITY ACT.—The Social Security Act 

14 (42 U.S.C. 301 et seq.) is amended— 

15 (1) in section 221(j) (42 U.S.C. 421(j)), in the 

16 flush text following paragraph (3), by striking ‘‘in 

17 accordance with section 553(b)(A) of title 5, United 

18 States Code’’ and all that follows through ‘‘and 

19 statements’’ and inserting ‘‘in accordance with sec20 tion 553(g)(2) of title 5, United States Code, of 

21 guidance or rules of agency organization, procedure, 

22 or practice relating to consultative examinations if 

23 such guidance and rules’’; and 


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1 (2) in section 1871(b)(2) (42 U.S.C. 

2 1395hh(b)(2)), by striking subparagraph (C) and in3 serting the following: 

4 ‘‘(C) subsection (c) of section 553 of title 

5 5, United States Code, does not apply pursuant 

6 to subsection (g)(3) of such section.’’. 

7 (gg) SOUTH PACIFIC TUNA ACT OF 1988.—Section 

8 8(b) of the South Pacific Tuna Act of 1988 (16 U.S.C. 

9 973f(b)) is amended, in the third sentence, by striking 

10 ‘‘section 706(2)’’ and inserting ‘‘section 706(a)(2)’’. 

11 (hh) TARIFF ACT OF 1930.—Section 777(f)(5) of the 

12 Tariff Act of 1930 (19 U.S.C. 1677f(f)(5)) is amended, 

13 in the third sentence, by striking ‘‘section 706(2)’’ and 

14 inserting ‘‘section 706(a)(2)’’. 

15 (ii) TITLE 5, UNITED STATES CODE.—Title 5, 

16 United States Code, is amended— 

17 (1) in section 556(d), in the sixth sentence, by 

18 striking ‘‘rule making’’ and inserting ‘‘rulemaking’’; 

19 (2) in section 557(b), in the fourth sentence of 

20 the matter preceding paragraph (1), by striking 

21 ‘‘rule making’’ and inserting ‘‘rulemaking’’; 

22 (3) in section 562(11), by striking ‘‘means ‘rule 

23 making’ as that term is defined in section 551(5)’’ 

24 and inserting ‘‘has the meaning given the term in 

25 section 551’’; 


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1 (4) in section 601(2), by striking ‘‘section 

2 553(b)’’ and inserting ‘‘section 553(c)’’; 

3 (5) in section 1103(b)(1), by striking ‘‘section 

4 553(b)(1), (2), and (3)’’ and inserting ‘‘section 

5 553(c)’’; and 

6 (6) in section 1105, by striking ‘‘subsections 

7 (b), (c), and (d)’’ and inserting ‘‘subsections (b) 

8 through (h) and (j)’’. 

9 (jj) TITLE 11, UNITED STATES CODE.—Section 

10 1172(b) of title 11, United States Code, is amended, in 

11 the second sentence, by striking ‘‘sections 706(2)(A), 

12 706(2)(B), 706(2)(C), and 706(2)(D) of title 5’’ and in13 serting ‘‘subparagraphs (A), (B), (C), and (D) of section 

14 706(a)(2) of title 5’’. 

15 (kk) TITLE 14, UNITED STATES CODE.—Section 

16 2507(b)(2)(A) of title 14, United States Code, is amended 

17 by striking ‘‘section 706(1)’’ and inserting ‘‘section 

18 706(a)(1)’’. 

19 (ll) TITLE 28, UNITED STATES CODE.—Section 3902 

20 of title 28, United States Code, is amended, in the first 

21 sentence, by striking ‘‘section 706(2)’’ and inserting ‘‘sec22 tion 706(a)(2)’’. 

23 (mm) TITLE 41, UNITED STATES CODE.—Section 

24 8503(a)(2) of title 41, United States Code, is amended 


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1 by striking ‘‘section 553(b) to (e)’’ and inserting ‘‘section 

2 553’’. 

3 (nn) TITLE 46, UNITED STATES CODE.—Title 46, 

4 United States Code, is amended— 

5 (1) in section 14104(b), in the second sentence, 

6 by striking ‘‘shall be considered to be an interpretive 

7 regulation for purposes of section 553 of title 5’’ and 

8 inserting ‘‘shall be subject to section 553 of title 5’’; 

9 and 

10 (2) in section 70105(c)(3)(B), in the second 

11 sentence, by striking ‘‘section 706(2)(E)’’ and in12 serting ‘‘section 706(a)(2)(E)’’. 

13 (oo) TOXIC SUBSTANCES CONTROL ACT.—Section 

14 19(c)(1)(B) of the Toxic Substances Control Act (15 

15 U.S.C. 2618(c)(1)(B)) is amended— 

16 (1) in clause (i)— 

17 (A) in subclause (I), by striking ‘‘para18 graph (2)(E)’’ and inserting ‘‘subsection 

19 (a)(2)(E)’’; and 

20 (B) in subclause (II), by striking ‘‘para21 graph (2)(E)’’ and inserting ‘‘subsection 

22 (a)(2)(E)’’; and 

23 (2) in clause (ii), by striking ‘‘section 553(c)’’ 

24 and inserting ‘‘section 553(f)(2)’’. 


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1 (pp) UNFUNDED MANDATES REFORM ACT OF

2 1995.—Section 401(a)(2)(A) of the Unfunded Mandates 

3 Reform Act of 1995 (2 U.S.C. 1571(a)(2)(A)) is amended 

4 by striking ‘‘section 706(1)’’ and inserting ‘‘section 

5 706(a)(1)’’. 

6 (qq) UNITED STATES WAREHOUSE ACT.—Section 

7 13(d)(2) of the United States Warehouse Act (7 U.S.C. 

8 252(d)(2)) is amended by striking ‘‘section 706(2)’’ and 

9 inserting ‘‘section 706(a)(2)’’. 

Æ 


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