Regulatory Accountability Act

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1615 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1615

         To improve agency rulemaking, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2023

 Mr. Lankford (for himself, Mr. Thune, Mr. Johnson, and Mr. Marshall) 
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Accountability Act''.

SEC. 2. DEFINITIONS.

    Section 551 of title 5, United States Code, is amended--
            (1) in paragraph (5), by striking ``rule making'' and 
        inserting ``rulemaking'';
            (2) in paragraph (6), by striking ``rule making'' and 
        inserting ``rulemaking'';
            (3) in paragraph (13), by striking ``and'' at the end;
            (4) in paragraph (14), by striking the period at the end 
        and inserting a semicolon; and
            (5) by adding at the end the following:
            ``(15) `guidance' means an agency statement of general 
        applicability that--
                    ``(A) is not intended to have the force and effect 
                of law; and
                    ``(B) sets forth a policy on a statutory, 
                regulatory, or technical issue or an interpretation of 
                a statutory or regulatory issue;
            ``(16) `major guidance' means guidance that the 
        Administrator finds is--
                    ``(A) likely to lead to--
                            ``(i) an annual effect on the economy of 
                        $100,000,000 or more;
                            ``(ii) a major increase in costs or prices 
                        for consumers, individual industries, Federal, 
                        State, local, or Tribal government agencies, or 
                        geographic regions; or
                            ``(iii) significant adverse effects on 
                        competition, employment, investment, 
                        productivity, innovation, public health and 
                        safety, or the ability of United States-based 
                        enterprises to compete with foreign-based 
                        enterprises in domestic and export markets; or
                    ``(B) a departure from a prior statutory 
                interpretation or agency policy;
            ``(17) `major rule' means any rule that the Administrator 
        determines is likely to--
                    ``(A) cause an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) cause a major increase in costs or prices for 
                consumers, individual industries, Federal, State, 
                local, or Tribal government agencies, or geographic 
                regions;
                    ``(C) cause significant adverse effects on 
                competition, employment, investment, productivity, 
                innovation, public health and safety, or the ability of 
                United States-based enterprises to compete with 
                foreign-based enterprises in domestic and export 
                markets; or
                    ``(D) raise novel legal or policy issues arising 
                out of legal mandates;
            ``(18) `Office of Information and Regulatory Affairs' means 
        the office established under section 3503 of title 44 and any 
        successor to that office; and
            ``(19) `Administrator' means the Administrator of the 
        Office of Information and Regulatory Affairs.''.

SEC. 3. RULEMAKING.

    Section 553 of title 5, United States Code, is amended--
            (1) in the section heading, by striking ``Rule making'' and 
        inserting ``Rulemaking'';
            (2) in subsection (a), by striking ``(a) This section 
        applies'' and inserting the following:
    ``(a) Applicability.--This section applies''; and
            (3) by striking subsections (b) through (e) and inserting 
        the following:
    ``(b) Rulemaking Considerations.--In a rulemaking, an agency shall 
consider, in addition to other applicable considerations, the 
following:
            ``(1) The legal authority under which a rule may be 
        proposed, including whether rulemaking is required by statute 
        or is within the discretion of the agency.
            ``(2) The nature and significance of the problem the agency 
        intends to address with a rule.
            ``(3) Whether existing Federal laws or rules have created 
        or contributed to the problem the agency may address with a 
        rule and, if so, whether those Federal laws or rules could be 
        amended or rescinded to address the problem in whole or in 
        part.
            ``(4) A reasonable number of alternatives for or to a new 
        rule, with the consideration of 3 alternatives presumed to be 
        reasonable, that--
                    ``(A) meet the objectives of the statutory 
                provision on which the rulemaking relies, including 
                substantial alternatives or other responses identified 
                by the agency or by interested persons; and
                    ``(B) consider not only mandating particular 
                conduct or manners of compliance, but also--
                            ``(i) specifying performance objectives;
                            ``(ii) establishing economic incentives, 
                        including marketable permits, to encourage 
                        desired behavior;
                            ``(iii) establishing disclosure 
                        requirements that will provide information upon 
                        which choices can be made by the public; or
                            ``(iv) adopting other means of meeting the 
                        objectives of the statutory provision on which 
                        the rulemaking relies without mandating 
                        particular conduct or manners of compliance.
            ``(5) For any major rule, unless prohibited by law, the 
        potential costs and benefits associated with potential 
        alternative rules and other responses considered under 
        paragraph (4), including quantitative and qualitative analyses 
        of--
                    ``(A) the direct costs and benefits, with costs and 
                benefits measured over equal time periods;
                    ``(B) the nature and degree of risks addressed by 
                the rule and the countervailing risks that might be 
                posed by agency action; and
                    ``(C) to the extent practicable, the cumulative 
                costs and benefits, and an analysis of the effects that 
                the rule is anticipated to have on entities that 
                purchase products or services from, sell products or 
                services to, or otherwise conduct business with 
                entities to which the rule will apply.
    ``(c) Notice of Proposed Rulemaking.--
            ``(1) In general.--If an agency determines that the 
        objectives of the agency require the agency to issue a rule, 
        the agency shall--
                    ``(A) submit a notice of proposed rulemaking to the 
                Administrator for review;
                    ``(B) refrain from publishing the notice until the 
                Administrator concludes the review under subparagraph 
                (A); and
                    ``(C) at the conclusion of review by the 
                Administrator, publish a notice of proposed rulemaking 
                in the Federal Register, which shall include--
                            ``(i) a statement of the time, place, and 
                        nature of any public rulemaking proceedings;
                            ``(ii) a reference to the legal authority 
                        under which the rule is proposed, including the 
                        specific statutory provision on which the 
                        rulemaking relies;
                            ``(iii) the text of the proposed rule;
                            ``(iv) a summary of information known to 
                        the agency concerning the considerations 
                        described in subsection (b); and
                            ``(v) where otherwise consistent with 
                        applicable law, for any major rule--
                                    ``(I) a reasoned preliminary 
                                explanation regarding how--
                                            ``(aa) the proposed rule 
                                        meets the objectives of the 
                                        statutory provision on which 
                                        the rulemaking relies; and
                                            ``(bb) the benefits of the 
                                        proposed rule justify the 
                                        costs;
                                    ``(II) a discussion of--
                                            ``(aa) the costs and 
                                        benefits of alternatives 
                                        considered by the agency under 
                                        subsection (b)(4);
                                            ``(bb) whether the 
                                        alternatives considered by the 
                                        agency under subsection (b)(4) 
                                        meet the objectives of the 
                                        statutory provision on which 
                                        the rulemaking relies; and
                                            ``(cc) the reasons why the 
                                        agency did not propose an 
                                        alternative considered by the 
                                        agency under subsection (b)(4); 
                                        and
                                    ``(III) a solicitation of public 
                                comment, including on all issues and 
                                alternatives discussed under subclauses 
                                (I) and (II) and subsection (k)(1)(A).
            ``(2) Accessibility.--
                    ``(A) In general.--Not later than the date on which 
                an agency publishes a notice of proposed rulemaking 
                under paragraph (1), all studies, models, scientific 
                literature, and other information developed or relied 
                upon by the agency, and actions taken by the agency to 
                obtain that information, in connection with the 
                determination of the agency to propose the rule that is 
                the subject of the rulemaking shall be placed in the 
                docket for the proposed rule and made accessible to the 
                public.
                    ``(B) Information controlled by nongovernmental 
                person.--With respect to any information to which a 
                nongovernmental person holds a legal right to prohibit 
                or limit reproduction, distribution, or public display, 
                the information shall be--
                            ``(i) placed in the docket through citation 
                        or incorporation by reference, including a 
                        specification of the identity of the 
                        nongovernmental person who holds a legal right 
                        to prohibit or limit reproduction, 
                        distribution, or public display of the 
                        information and the means by which a member of 
                        the public may request a full copy of the 
                        information from that holder; and
                            ``(ii) considered made accessible to the 
                        public after a placement described in clause 
                        (i), provided that the nongovernmental person 
                        who holds a legal right to prohibit or limit 
                        reproduction, distribution, or public display 
                        of the information makes the information 
                        reasonably available upon request in a timely 
                        manner to any member of the public who requests 
                        a copy of the information.
                    ``(C) Exception.--Subparagraphs (A) and (B) shall 
                not apply with respect to information that is exempt 
                from disclosure under section 552(b).
            ``(3) Information quality.--If an agency proposes a rule 
        that rests upon scientific, technical, or economic information, 
        the agency shall--
                    ``(A) propose the rule on the basis of the best 
                publicly available scientific, technical, or economic 
                information; and
                    ``(B) to the maximum extent practicable, use that 
                information in compliance with the guidelines issued 
                under section 515 of the Treasury and General 
                Government Appropriations Act, 2001 (Public Law 106-
                554; 114 Stat. 2763A-154).
            ``(4) Public comment.--
                    ``(A) In general.--After publishing a notice of 
                proposed rulemaking under paragraph (1), an agency 
                shall provide interested persons an opportunity to 
                participate in the rulemaking through the submission of 
                written material, data, views, or arguments with or 
                without opportunity for oral presentation, except that 
                when a rule is required by statute to be made on the 
                record after opportunity for an agency hearing, 
                sections 556 and 557 shall apply.
                    ``(B) Timeline.--
                            ``(i) In general.--Subject to subparagraph 
                        (C), an agency shall provide not less than 60 
                        days, or, with respect to a proposed major 
                        rule, not less than 90 days, for interested 
                        persons to submit written material, data, 
                        views, or arguments under subparagraph (A).
                            ``(ii) Adequate review period.--If a 
                        proposed rule relies on information placed in 
                        the docket through citation or incorporation by 
                        reference as described in paragraph (3)(B), the 
                        comment period required under clause (i) shall 
                        be adequate to allow interested persons to 
                        receive and review that information to inform 
                        their submission.
                    ``(C) Responsive comment period for major rules.--
                With respect to a proposed major rule, an interested 
                person who made a submission under subparagraph (A) 
                during the comment period under subparagraph (B) with 
                respect to the rule may, during the period beginning on 
                the day after the date on which that comment period 
                closes and ending on the date that is 30 days after 
                that day, respond to any other submission made by any 
                other interested person under subparagraph (A) during 
                the initial comment period.
                    ``(D) Accessibility.--All comments and responses 
                submitted under this paragraph shall be promptly placed 
                in the docket and made accessible to the public.
            ``(5) Change of classification after publication of 
        notice.--If, after an agency submits for review and publishes 
        the notice of proposed rulemaking required under paragraph (1), 
        a proposed rule is determined to be a major rule, the agency 
        shall--
                    ``(A) publish a notice in the Federal Register with 
                respect to the change of the classification of the 
                rule; and
                    ``(B) allow interested persons an additional 
                opportunity of not less than 30 days to comment on--
                            ``(i) the rule; and
                            ``(ii) the change of the classification of 
                        the rule.
            ``(6) Prohibition on certain communications.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), after an agency publishes a notice of 
                proposed rulemaking required under paragraph (1), or 
                after an agency publishes a notice of initiation of 
                rulemaking under subsection (d)(1)(B), the agency, and 
                any individual acting in an official capacity on behalf 
                of the agency, may not communicate, and a person who 
                receives Federal funds from the agency may not use 
                those funds to communicate, through written, oral, 
                electronic, or other means, to the public with respect 
                to the proposed rule in a manner that--
                            ``(i) directly advocates, in support of or 
                        against the proposed rule, for the submission 
                        of information that will form part of the 
                        record for the proposed rule;
                            ``(ii) appeals to the public, or solicits a 
                        third party, to undertake advocacy in support 
                        of or against the proposed rule; or
                            ``(iii) is directly or indirectly for the 
                        purpose of publicity or propaganda within the 
                        United States in a manner that Congress has not 
                        authorized.
                    ``(B) Exception.--The prohibition under 
                subparagraph (A) shall not apply to a communication 
                that requests comments on, or provides information 
                regarding, a proposed rule in an impartial manner.
    ``(d) Advanced Notice of Proposed Rulemaking for Major Rules.--
            ``(1) Notice for major rules.--When an agency determines to 
        initiate a rulemaking that may result in a major rule, the 
        agency shall--
                    ``(A) establish an electronic docket for that 
                rulemaking, which may have a physical counterpart; and
                    ``(B) publish an advanced notice of proposed 
                rulemaking in the Federal Register, which shall, at a 
                minimum--
                            ``(i) briefly describe the nature and 
                        significance of the problem the agency may 
                        address with the rule, including any data or 
                        categories of data that the agency has 
                        identified as relevant or that the agency 
                        intends to consult for the rule;
                            ``(ii) refer to the legal authority under 
                        which the rule would be proposed, including the 
                        specific statutory provision that authorizes 
                        the rulemaking;
                            ``(iii) invite interested persons to 
                        propose alternatives and other ideas regarding 
                        how best to accomplish the objectives of the 
                        agency in the most effective manner;
                            ``(iv) solicit written data, views, and 
                        arguments from interested persons concerning 
                        the information and issues identified in the 
                        advanced notice;
                            ``(v) provide for a period of not less than 
                        30 days for interested persons to submit 
                        written data, views, and arguments described in 
                        clause (iv) to the agency; and
                            ``(vi) appear in the Federal Register not 
                        later than 90 days before the date on which the 
                        agency publishes a notice of proposed 
                        rulemaking for the rule.
            ``(2) Accessibility.--All information provided to the 
        agency under paragraph (1) shall be promptly placed in the 
        docket and made accessible to the public, unless the 
        information--
                    ``(A) is information to which the submitter does 
                not hold a legal right to authorize disclosure; or
                    ``(B) is exempt from disclosure under section 
                552(b).
            ``(3) Applicability.--With respect to the alternatives and 
        other ideas proposed under paragraph (1)(B)(iii)--
                    ``(A) the alternatives and other ideas are for the 
                benefit of--
                            ``(i) the agency receiving the alternatives 
                        and other ideas; and
                            ``(ii) the public; and
                    ``(B) the agency receiving the alternatives and 
                other ideas may respond to the alternatives and other 
                ideas.
            ``(4) Timetable.--
                    ``(A) In general.--After considering any written 
                material submitted by interested persons under 
                paragraph (1), if an agency determines to proceed with 
                a rulemaking for a major rule, the agency proposing the 
                rule shall establish a timetable for the rulemaking 
                that--
                            ``(i) contains intermediate completion 
                        dates for actions of the agency, including--
                                    ``(I) the anticipated date on which 
                                the agency shall publish the notice 
                                required under subsection (c)(1) with 
                                respect to the rule; and
                                    ``(II) the duration of the comment 
                                period required under subsection 
                                (c)(4), including the date on which the 
                                comment period shall end; and
                            ``(ii) includes a final completion date for 
                        actions by the agency.
                    ``(B) Publication.--The timetable required under 
                subparagraph (A) shall be published in the electronic 
                docket established under paragraph (1)(A) with respect 
                to the rulemaking.
                    ``(C) Consideration of factors.--In establishing 
                the timetable required under subparagraph (A), an 
                agency shall consider relevant factors, including--
                            ``(i) the size and complexity of the 
                        rulemaking;
                            ``(ii) the resources available to the 
                        agency;
                            ``(iii) the national significance of the 
                        rulemaking; and
                            ``(iv) all statutory requirements that 
                        govern the timing of the rulemaking.
                    ``(D) Report required.--
                            ``(i) In general.--An agency that fails to 
                        meet an intermediate or final completion date 
                        for an action established under subparagraph 
                        (A) shall submit to Congress and the Director 
                        of the Office of Management and Budget a report 
                        regarding why the agency failed to meet the 
                        completion date.
                            ``(ii) Contents; publication in federal 
                        register.--A report submitted under clause (i) 
                        shall--
                                    ``(I) include an amended timetable 
                                for the rulemaking; and
                                    ``(II) be published--
                                            ``(aa) in the Federal 
                                        Register; and
                                            ``(bb) in the electronic 
                                        docket established under 
                                        paragraph (1)(A) with respect 
                                        to the rulemaking.
                    ``(E) Changes to intermediate dates published in 
                electronic docket.--If an agency changes an 
                intermediate completion date for an action of the 
                agency established under subparagraph (A)(i), the 
                agency shall publish in the electronic docket 
                established under paragraph (1)(A)--
                            ``(i) the updated completion date for the 
                        action; and
                            ``(ii) a brief explanation regarding the 
                        reason for the change to the completion date.
            ``(5) Notice of determination of other agency course.--
                    ``(A) In general.--If, after publishing the notice 
                required under paragraph (1), an agency determines not 
                to issue a major rule, the agency shall--
                            ``(i) publish a notice of determination of 
                        other agency course; and
                            ``(ii) if the agency intends to issue a 
                        rule, comply with the procedures required under 
                        subsection (c).
                    ``(B) Contents.--A notice of determination of other 
                agency course published under subparagraph (A)(i) shall 
                include--
                            ``(i) a description of the alternative 
                        response the agency has determined to adopt; 
                        and
                            ``(ii) if the agency intends to issue a 
                        rule, any information required under subsection 
                        (c).
    ``(e) Final Rules.--
            ``(1) Net benefits of major rule.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in a rulemaking for a major rule, an 
                agency shall adopt the alternative considered under 
                subsection (b)(5) that best minimizes costs while 
                maximizing net benefits, taking into consideration only 
                the costs and benefits that arise within the scope of 
                the statutory provision that authorizes the rulemaking.
                    ``(B) Exceptions.--In a rulemaking for a major 
                rule, an agency may adopt an alternative other than as 
                required under subparagraph (A) only if--
                            ``(i) the Administrator approves the 
                        adoption by the agency of the alternative; and
                            ``(ii) the alternative is adopted to--
                                    ``(I) account for costs or benefits 
                                that cannot be quantified, including 
                                costs or benefits related to 
                                constitutional or civil rights, 
                                provided that the agency identifies all 
                                such costs and benefits and explains 
                                why those costs and benefits justify 
                                the adoption of the alternative; or
                                    ``(II) achieve additional benefits 
                                or cost reductions, provided that the 
                                agency--
                                            ``(aa) identifies--

                                                    ``(AA) all such 
                                                additional benefits and 
                                                the associated costs of 
                                                those benefits; and

                                                    ``(BB) all such 
                                                cost reductions and the 
                                                associated benefits of 
                                                those cost reductions; 
                                                and

                                            ``(bb) explains why--

                                                    ``(AA) the 
                                                additional benefits 
                                                justify the additional 
                                                costs; or

                                                    ``(BB) the 
                                                additional cost 
                                                reductions justify any 
                                                benefits foregone.

                    ``(C) Rule of construction.--Nothing in 
                subparagraph (A) may be construed to preclude an agency 
                from including in an alternative adopted pursuant to 
                such subparagraph changes made as a result of agency 
                analysis or review performed under chapter 6 of this 
                title.
            ``(2) Publication of notice of final rulemaking.--After 
        submitting a final rule to the Administrator for review and 
        obtaining a certification from the Administrator that the 
        review has concluded, the agency shall publish a notice of 
        final rulemaking in the Federal Register, which shall include--
                    ``(A) a concise, general statement of the basis and 
                purpose of the rule and a reference to the legal 
                authority under which the rule is made, including the 
                specific statutory provision on which the rulemaking 
                relies;
                    ``(B) a reasoned determination by the agency 
                regarding the considerations described in subsection 
                (b);
                    ``(C) a response to each significant issue raised 
                in the comments on the proposed rule;
                    ``(D) the internet address of a summary of not more 
                than 100 words in length of the proposed rule, in plain 
                language, that shall be posted on the internet website 
                under section 206(d) of the E-Government Act of 2002 
                (44 U.S.C. 3501 note) (commonly known as 
                regulations.gov); and
                    ``(E) with respect to a major rule, a reasoned 
                determination by the agency that--
                            ``(i) the benefits of the rule advance the 
                        relevant objectives of the statutory provision 
                        on which the rulemaking relies and justify the 
                        costs of the rule; and
                            ``(ii)(I) no other alternative considered 
                        would achieve the relevant objectives of the 
                        statutory provision on which the rulemaking 
                        relies in a manner that more greatly maximizes 
                        net benefits as required under paragraph 
                        (1)(A); or
                            ``(II) the adoption by the agency of a more 
                        costly or less costly rule complies with 
                        paragraph (1)(B).
            ``(3) Information quality.--If an agency rulemaking rests 
        upon scientific, technical, or economic information, the agency 
        shall--
                    ``(A) adopt a final rule on the basis of the best 
                reasonably available scientific, technical, or economic 
                information; and
                    ``(B) to the maximum extent practicable, use that 
                information in compliance with the guidelines issued 
                under section 515 of the Treasury and General 
                Government Appropriations Act, 2001 (Public Law 106-
                554; 114 Stat. 2763A-154).
            ``(4) Accessibility.--
                    ``(A) In general.--Not later than the date on which 
                an agency publishes a notice of final rulemaking under 
                paragraph (2), all studies, models, scientific 
                literature, and other information developed or relied 
                upon by the agency, and actions taken by the agency to 
                obtain that information, in connection with the 
                determination of the agency to finalize the rule that 
                is the subject of the rulemaking shall be placed in the 
                docket for the rule and made accessible to the public.
                    ``(B) Information controlled by nongovernmental 
                person.--With respect to any information to which a 
                nongovernmental person holds a legal right to prohibit 
                or limit reproduction, distribution, or public display, 
                the information shall be--
                            ``(i) placed in the docket through citation 
                        or incorporation by reference, including a 
                        specification of the identity of the 
                        nongovernmental person who holds a legal right 
                        to prohibit or limit reproduction, 
                        distribution, or public display of the 
                        information and the means by which a member of 
                        the public may request a full copy of the 
                        information from that holder; and
                            ``(ii) considered made accessible to the 
                        public after a placement described in clause 
                        (i), provided that the nongovernmental person 
                        who holds a legal right to prohibit or limit 
                        reproduction, distribution, or public display 
                        of the information makes the information 
                        reasonably available upon request in a timely 
                        manner.
                    ``(C) Exception.--Subparagraphs (A) and (B) shall 
                not apply with respect to information that is exempt 
                from disclosure under section 552(b).
            ``(5) Rules adopted at the end of a presidential 
        administration.--
                    ``(A) In general.--During the 60-day period 
                beginning on a transitional inauguration day (as 
                defined in section 3349a), with respect to any final 
                rule that had been placed on file for public inspection 
                by the Office of the Federal Register or published in 
                the Federal Register as of the date of the 
                inauguration, but which had not become effective by the 
                date of the transitional inauguration day, the agency 
                issuing the rule may, by order, delay the effective 
                date of the rule for not more than 90 days for the 
                purpose of obtaining public comment on whether--
                            ``(i) the rule should be amended or 
                        rescinded; or
                            ``(ii) the effective date of the rule 
                        should be further delayed.
                    ``(B) Opportunity for comment.--If an agency delays 
                the effective date of a rule under subparagraph (A), 
                the agency shall give the public not less than 30 days 
                to submit comments.
    ``(f) Applicability.--
            ``(1) Primacy of certain rulemaking considerations and 
        procedures in other federal laws.--
                    ``(A) Considerations.--If a rulemaking is 
                authorized under a Federal law that requires an agency 
                to consider, or prohibits an agency from considering, a 
                factor in a manner that is inconsistent with, or that 
                conflicts with, the requirements under this section, 
                for the purposes of this section, the requirement or 
                prohibition, as applicable, in that other Federal law 
                shall apply to the agency in the rulemaking.
                    ``(B) Procedural requirements.--If a rulemaking is 
                authorized under a Federal law that requires an agency 
                to follow or use, or prohibits an agency from following 
                or using, a procedure in a manner that is duplicative 
                of, or that conflicts with, a procedural requirement 
                under this section, for the purposes of this section, 
                the requirement or prohibition, as applicable, in that 
                other Federal law shall apply to the agency in the 
                rulemaking.
            ``(2) Guidance and rules of organization.--Except as 
        otherwise provided by law, this section shall not apply to 
        guidance or rules of agency organization, procedure, or 
        practice.
            ``(3) Exceptions for good cause.--
                    ``(A) Finding of good cause.--
                            ``(i) In general.--If an agency for good 
                        cause finds that compliance with subsection 
                        (c), (d), or (e)(2)(B) before issuing a final 
                        rule is unnecessary, impracticable, or contrary 
                        to the public interest, that subsection shall 
                        not apply and the agency may issue the final 
                        rule or an interim final rule, as applicable, 
                        under subparagraph (B) or (C).
                            ``(ii) Incorporation of good cause 
                        finding.--If an agency makes a finding under 
                        clause (i), the agency shall include that 
                        finding and a detailed statement with respect 
                        to the reasons for that finding in the final 
                        rule or interim final rule, as applicable, 
                        issued by the agency.
                    ``(B) Direct final rules.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if an agency makes a finding under 
                        subparagraph (A)(i) that compliance with 
                        subsection (c), (d), or (e)(2)(B) before 
                        issuing a final rule is unnecessary, the agency 
                        shall, before issuing the final rule--
                                    ``(I) publish in the Federal 
                                Register the text of the final rule, 
                                the brief statement required under 
                                subparagraph (A)(ii), and a notice of 
                                opportunity for public comment;
                                    ``(II) establish a comment period 
                                of not less than 30 days for any 
                                interested person to submit written 
                                material, data, views, or arguments 
                                with respect to the final rule; and
                                    ``(III) provide notice of the date 
                                on which the rule will take effect.
                            ``(ii) Exception.--An agency that made a 
                        finding described in clause (i) may choose not 
                        to follow the requirements under that clause if 
                        the agency determines that following the 
                        requirements would not expedite the issuance of 
                        the final rule.
                            ``(iii) Adverse comments.--If an agency 
                        receives significant adverse comments with 
                        respect to a rule during the comment period 
                        established under clause (i)(II), the agency 
                        shall--
                                    ``(I) withdraw the notice of final 
                                rulemaking published by the agency with 
                                respect to the rule; and
                                    ``(II) complete rulemaking in 
                                accordance with subsections (c) through 
                                (e), as applicable.
                    ``(C) Interim final rules.--
                            ``(i) In general.--If an agency for good 
                        cause finds that compliance with subsection 
                        (c), (d), or (e)(2)(B) before issuing a final 
                        rule is impracticable or contrary to the public 
                        interest, the agency shall issue an interim 
                        final rule by--
                                    ``(I) publishing the interim final 
                                rule and a request for public comment 
                                in the portion of the Federal Register 
                                relating to final rules; and
                                    ``(II) providing a cross-reference 
                                in the portion of the Federal Register 
                                relating to proposed rules that 
                                requests public comment with respect to 
                                the rule not later than 60 days after 
                                the rule is published under subclause 
                                (I).
                            ``(ii) Interim period.--
                                    ``(I) In general.--Not later than 
                                180 days after the date on which an 
                                agency issues an interim final rule 
                                under clause (i), the agency shall--
                                            ``(aa) rescind the interim 
                                        rule;
                                            ``(bb) initiate rulemaking 
                                        in accordance with subsections 
                                        (c) through (e); or
                                            ``(cc) take final action to 
                                        adopt a final rule.
                                    ``(II) No force or effect.--If, as 
                                of the end of the 180-day period 
                                described in subclause (I), an agency 
                                fails to take an action described in 
                                item (aa), (bb), or (cc) of that 
                                subclause, the interim final rule 
                                issued by the agency shall have no 
                                force or effect.
            ``(4) Exemption for monetary policy.--This section shall 
        not apply to a rulemaking or to guidance that concerns monetary 
        policy proposed or implemented by the Board of Governors of the 
        Federal Reserve System or the Federal Open Market Committee.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to modify, alter, or abridge exclusive 
        rights held pursuant to title 17.
    ``(g) Date of Publication.--A final rule, a direct final rule 
described in subsection (f)(3)(B), or an interim final rule described 
in subsection (f)(3)(C) shall be published not later than 30 days (or, 
in the case of a major rule, not later than 60 days) before the 
effective date of the rule, except--
            ``(1) for guidance; or
            ``(2) as otherwise provided by an agency for good cause and 
        as published with the rule.
    ``(h) Right to Petition and Review of Rules.--Each agency shall--
            ``(1) give interested persons the right to petition for the 
        issuance, amendment, or repeal of a rule; and
            ``(2) on a continuing basis, invite interested persons to 
        submit, by electronic means, suggestions for rules that warrant 
        retrospective review and possible modification or repeal.
    ``(i) Rulemaking Guidelines.--
            ``(1) Assessment of rules.--
                    ``(A) In general.--The Administrator shall 
                establish guidelines regarding rulemaking as follows:
                            ``(i) Identification of need for rules.--
                        Guidelines setting forth how needs for 
                        rulemaking should be identified, including--
                                    ``(I) whether rulemaking is made 
                                necessary by compelling public need, 
                                such as material failures of private 
                                markets or public institutions to 
                                protect or improve the health and 
                                safety of the public, the environment, 
                                or the well-being of the public; and
                                    ``(II) whether rulemaking needs 
                                could be lessened by reliance on 
                                potential State, local, Tribal, or 
                                regional regulatory action or other 
                                responses that could be taken in lieu 
                                of agency action.
                            ``(ii) Assessment of rules.--Guidelines 
                        setting forth how the assessment, including the 
                        quantitative and qualitative assessment, of 
                        proposed and final rules should occur, 
                        including how to determine--
                                    ``(I) the costs and benefits of 
                                proposed and final rules and 
                                alternatives to them, including 
                                quantifiable and non-quantifiable costs 
                                and benefits;
                                    ``(II) whether proposed and final 
                                rules maximize net benefits;
                                    ``(III) estimated impacts on jobs, 
                                wages, competition, innovation, and 
                                low-income populations;
                                    ``(IV) other economic issues that 
                                are relevant to rulemaking under this 
                                section or other sections of this part; 
                                and
                                    ``(V) risk assessments that are 
                                relevant to rulemaking under this 
                                section and other sections of this 
                                part.
                            ``(iii) Numbers of alternatives.--
                        Guidelines regarding when it may be reasonable 
                        to consider in a rulemaking more alternatives 
                        than the number presumed to be reasonable under 
                        subsection (b)(4).
                            ``(iv) Adoption of alternatives for major 
                        rules.--Guidelines regarding when it may be 
                        appropriate, in a rulemaking for a major rule, 
                        to adopt an alternative final rule under 
                        subsection (e)(1)(B).
                            ``(v) Administrator review.--Guidelines 
                        regarding the efficient submission and review 
                        of proposed and final rules under subsections 
                        (c)(1) and (e)(2).
                    ``(B) Agency analysis of rules.--
                            ``(i) In general.--The rigor of the cost-
                        benefit analysis required or recommended by the 
                        guidelines established under subparagraph (A) 
                        shall be commensurate, as determined by the 
                        Administrator, with the economic impact of a 
                        rule.
                            ``(ii) Risk assessment guidelines.--
                        Guidelines for a risk assessment described in 
                        subparagraph (A)(iv) shall include criteria 
                        for--
                                    ``(I) selecting studies and models;
                                    ``(II) evaluating and weighing 
                                evidence; and
                                    ``(III) conducting peer reviews.
                    ``(C) Updating guidelines.--Not less frequently 
                than once every 10 years, the Administrator shall 
                update the guidelines established under subparagraph 
                (A) to enable each agency to use the best available 
                techniques to identify, quantify, and evaluate the need 
                for rulemaking and present and future benefits, costs, 
                other economic issues, and risks as objectively and 
                accurately as practicable.
            ``(2) Simplification of rules.--
                    ``(A) Issuance of guidelines.--The Administrator 
                shall issue guidelines to promote coordination, 
                simplification, and harmonization of agency rules 
                during the rulemaking process.
                    ``(B) Requirements.--The guidelines issued by the 
                Administrator under subparagraph (A) shall advise each 
                agency to--
                            ``(i) avoid rules that are inconsistent or 
                        incompatible with, or duplicative of, other 
                        regulations of the agency and those of other 
                        agencies; and
                            ``(ii) draft the rules of the agency to be 
                        simple and easy to understand, with the goal of 
                        minimizing the potential for uncertainty and 
                        litigation arising from the uncertainty.
            ``(3) Consistency in rulemaking.--
                    ``(A) In general.--To promote consistency in 
                rulemaking, the Administrator shall issue guidelines to 
                ensure that rulemaking conducted in whole or in part 
                under procedures specified in provisions of law other 
                than those under this section conform with the 
                procedures set forth in this section to the fullest 
                extent allowed by law.
                    ``(B) Agency adoption of regulations.--Each agency 
                shall adopt regulations for the conduct of hearings 
                consistent with the guidelines issued under this 
                paragraph.
    ``(j) Agency Guidance; Procedures To Issue Major Guidance; 
Authority To Issue Guidelines for Issuance of Guidance.--
            ``(1) In general.--Agency guidance shall--
                    ``(A) not be used by an agency to foreclose 
                consideration of issues as to which the guidance 
                expresses a conclusion;
                    ``(B) state that the guidance is not legally 
                binding by including the phrase `The contents of this 
                document to not have the force and effect of law and do 
                not, of themselves, bind the public or the agency. This 
                document is intended only to provide clarity to the 
                public regarding existing requirements under the law or 
                agency policies.' on the first page of the document; 
                and
                    ``(C) be published in a single location on an 
                internet website designated by the Director at the time 
                the guidance is issued.
            ``(2) Procedures to issue major guidance.--Before issuing 
        any major guidance, an agency shall make and document a 
        reasoned determination that--
                    ``(A) such guidance is understandable and complies 
                with relevant statutory objectives and regulatory 
                provisions; and
                    ``(B) identifies the costs and benefits, including 
                all costs and benefits to be considered during a 
                rulemaking as required under subsection (b), of 
                requiring conduct conforming to such guidance and 
                assures that such benefits justify such costs.
            ``(3) Issuance of updated guidance.--
                    ``(A) In general.--The Administrator shall issue 
                updated guidelines for use by agencies in the issuance 
                of guidance documents.
                    ``(B) Requirements.--The guidelines issued by the 
                Administrator under subparagraph (A) shall advise each 
                agency--
                            ``(i) not to issue guidance documents that 
                        are inconsistent or incompatible with, or 
                        duplicative of, other rules of the agency and 
                        those of other agencies;
                            ``(ii) to draft the guidance documents of 
                        the agency to be simple and easy to understand, 
                        with the goal of minimizing the potential for 
                        uncertainty and litigation arising from the 
                        uncertainty; and
                            ``(iii) how to develop and implement a 
                        strategy to ensure the proper use of guidance 
                        by the agency.
    ``(k) Major Rule Frameworks.--
            ``(1) In general.--Beginning on the date that is 180 days 
        after the date of enactment of this subsection, when an agency 
        publishes in the Federal Register--
                    ``(A) a proposed major rule, the agency shall 
                include a potential framework for assessing the rule, 
                which shall include a general statement of how the 
                agency intends to measure the effectiveness of the 
                rule; or
                    ``(B) a final major rule, the agency shall include 
                a framework for assessing the rule under paragraph (2), 
                which shall include--
                            ``(i) a clear statement of the regulatory 
                        objectives of the rule, including a summary of 
                        the benefit and cost of the rule;
                            ``(ii) the methodology by which the agency 
                        plans to analyze the rule, including metrics by 
                        which the agency can measure--
                                    ``(I) the effectiveness and 
                                benefits of the rule in producing the 
                                regulatory objectives of the rule; and
                                    ``(II) the impacts, including any 
                                costs, of the rule on regulated and 
                                other impacted entities;
                            ``(iii) a plan for gathering data regarding 
                        the metrics described in clause (ii) on an 
                        ongoing basis, or at periodic times, including 
                        a method by which the agency will invite the 
                        public to participate in the review process and 
                        seek input from other agencies; and
                            ``(iv) a specific timeframe, as appropriate 
                        to measure the full impact of the rule but not 
                        more than 10 years after the effective date of 
                        the rule, under which the agency shall conduct 
                        the assessment of the rule in accordance with 
                        paragraph (2)(A).
            ``(2) Assessment.--
                    ``(A) In general.--Each agency shall assess the 
                data collected under paragraph (1)(B)(iii), using the 
                methodology set forth in paragraph (1)(B)(ii) or any 
                other appropriate methodology developed after the 
                issuance of a final major rule to better determine 
                whether the regulatory objective was achieved, with 
                respect to the rule--
                            ``(i) to analyze how the actual benefits 
                        and costs of the rule may have varied from 
                        those anticipated at the time the rule was 
                        issued; and
                            ``(ii) to determine whether--
                                    ``(I) the rule is accomplishing the 
                                regulatory objective of the rule;
                                    ``(II) the rule has been rendered 
                                unnecessary, taking into 
                                consideration--
                                            ``(aa) changes in the 
                                        subject area affected by the 
                                        rule; and
                                            ``(bb) whether the rule 
                                        overlaps, duplicates, or 
                                        conflicts with--

                                                    ``(AA) other rules; 
                                                or

                                                    ``(BB) to the 
                                                extent feasible, State 
                                                and local government 
                                                regulations;

                                    ``(III) the rule needs to be 
                                modified in order to accomplish the 
                                regulatory objective; and
                                    ``(IV) other alternatives to the 
                                rule or modification of the rule could 
                                better achieve the regulatory objective 
                                while imposing a smaller burden on 
                                society or increase cost-effectiveness, 
                                taking into consideration any cost 
                                already incurred.
                    ``(B) Different methodology.--If an agency uses a 
                methodology other than the methodology under paragraph 
                (1)(B)(ii) to assess data under subparagraph (A), the 
                agency shall include as part of the notice required to 
                be published under subparagraph (D) an explanation of 
                the changes in circumstances that necessitated the use 
                of that other methodology.
                    ``(C) Subsequent assessments.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if, after an assessment of a major 
                        rule under subparagraph (A), an agency 
                        determines that the rule will remain in effect 
                        with or without modification, the agency 
                        shall--
                                    ``(I) determine a specific time, as 
                                appropriate to the rule and not more 
                                than 10 years after the date on which 
                                the agency completes the assessment, 
                                under which the agency shall conduct 
                                another assessment of the rule in 
                                accordance with subparagraph (A); and
                                    ``(II) if the assessment conducted 
                                under subclause (I) does not result in 
                                a repeal of the rule, periodically 
                                assess the rule in accordance with 
                                subparagraph (A) to ensure that the 
                                rule continues to meet the regulatory 
                                objective.
                            ``(ii) Exemption.--The Administrator may 
                        exempt an agency from conducting a subsequent 
                        assessment of a rule under clause (i) if the 
                        Administrator determines that there is a 
                        foreseeable and apparent need for the rule 
                        beyond the timeframe required under clause 
                        (i)(I).
                    ``(D) Publication.--Not later than 180 days after 
                the date on which an agency completes an assessment of 
                a major rule under subparagraph (A), the agency shall 
                publish a notice of availability of the results of the 
                assessment in the Federal Register, including the 
                specific time for any subsequent assessment of the rule 
                under subparagraph (C)(i), if applicable.
            ``(3) OIRA oversight.--The Administrator shall--
                    ``(A) issue guidance for agencies regarding the 
                development of the framework under paragraph (1) and 
                the conduct of the assessments under paragraph (2)(A);
                    ``(B) oversee the timely compliance of agencies 
                with this subsection;
                    ``(C) ensure that the results of each assessment 
                conducted under paragraph (2)(A) are--
                            ``(i) published promptly on a centralized 
                        Federal website; and
                            ``(ii) noticed in the Federal Register in 
                        accordance with paragraph (2)(D);
                    ``(D) ensure that agencies streamline and 
                coordinate the assessment of major rules with similar 
                or related regulatory objectives;
                    ``(E) exempt an agency from including the framework 
                required under paragraph (1)(B) when publishing a final 
                major rule if the Administrator determines that 
                compliance with paragraph (1)(B) is unnecessary, 
                impracticable, or contrary to the public interest, as 
                described in subsection (f)(3)(A)(i); and
                    ``(F) extend the deadline specified by an agency 
                for an assessment of a major rule under paragraph 
                (1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of 
                not more than 90 days if the agency justifies why the 
                agency is unable to complete the assessment by that 
                deadline.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to affect--
                    ``(A) the authority of an agency to assess or 
                modify a major rule of the agency earlier than the end 
                of the timeframe specified for the rule under paragraph 
                (1)(B)(iv); or
                    ``(B) any other provision of law that requires an 
                agency to conduct retrospective reviews of rules issued 
                by the agency.
            ``(5) Applicability.--
                    ``(A) In general.--This subsection shall not apply 
                to--
                            ``(i) a major rule of an agency--
                                    ``(I) that the Administrator 
                                reviewed before the date of enactment 
                                of this subsection;
                                    ``(II) for which the agency is 
                                required to conduct a retrospective 
                                review under any other provision of law 
                                that meets or exceeds the requirements 
                                of this subsection, as determined by 
                                the Administrator; or
                                    ``(III) for which the authorizing 
                                statute is subject to periodic 
                                reauthorization by Congress not less 
                                frequently than once every 10 years;
                            ``(ii) guidance;
                            ``(iii) routine and administrative rules; 
                        or
                            ``(iv) a rule that is reviewed under 
                        section 2222 of the Economic Growth and 
                        Regulatory Paperwork Reduction Act of 1996 (12 
                        U.S.C. 3311).
                    ``(B) Direct and interim final major rule.--In the 
                case of a major rule of an agency for which the agency 
                is not required to issue a notice of proposed 
                rulemaking in response to an emergency or a statutorily 
                imposed deadline, the agency shall publish the 
                framework required under paragraph (1)(B) in the 
                Federal Register not later than 180 days after the date 
                on which the agency publishes the rule.
            ``(6) Recommendations to congress.--If, under an assessment 
        conducted under paragraph (2), an agency determines that a 
        major rule should be modified or repealed, the agency may 
        submit to Congress recommendations for legislation to amend 
        applicable provisions of law if the agency is prohibited from 
        modifying or repealing the rule under another provision of law.
            ``(7) Judicial review.--
                    ``(A) In general.--Judicial review of agency 
                compliance with this subsection is limited to whether 
                an agency--
                            ``(i) published the framework for 
                        assessment of a major rule in accordance with 
                        paragraph (1); or
                            ``(ii) completed and published the required 
                        assessment of a major rule in accordance with 
                        subparagraphs (A) and (D) of paragraph (2).
                    ``(B) Remedy available.--In granting relief in an 
                action brought under subparagraph (A), a court may only 
                issue an order remanding the major rule to the agency 
                to comply with paragraph (1) or subparagraph (A) or (D) 
                of paragraph (2), as applicable.
                    ``(C) Effective date of major rule.--If, in an 
                action brought under subparagraph (A)(i), a court 
                determines that the agency did not comply, the major 
                rule shall take effect notwithstanding any order issued 
                by the court.
    ``(l) Authorities and Responsibilities of the Office of Information 
and Regulatory Affairs.--
            ``(1) In general.--The Administrator shall provide 
        meaningful guidance and oversight, which may include review by 
        the Office of Information and Regulatory Affairs, to ensure 
        that each agency issues rules in accordance with the 
        requirements under this section and other applicable law and do 
        not conflict with the policies or actions of another agency.
            ``(2) Notification.--If the Administrator determines that a 
        major rule of an agency does not comply with the principles and 
        requirements of this section, is not consistent with other 
        applicable laws, or conflicts with the policies or actions of 
        another agency, the Administrator shall--
                    ``(A) identify areas of noncompliance;
                    ``(B) notify the agency; and
                    ``(C) request that the agency comply before the 
                agency finalizes the major rule concerned.
            ``(3) Annual statement to congress on agency compliance.--
        The Administrator shall submit to Congress, including the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Oversight and Accountability of the 
        House of Representatives, an annual written report that, for 
        the 1-year period preceding the report--
                    ``(A) details compliance by each agency with the 
                requirements of this section that relate to major 
                rules, including activities undertaken at the request 
                of the Administrator to improve compliance; and
                    ``(B) contains an appendix detailing compliance by 
                each agency.
    ``(m) Rule of Construction.--Nothing in this section shall be 
construed to limit the scope of the authority of the Office of 
Information and Regulatory Affairs under subchapter I of chapter 35 of 
title 44, section 515 of the Treasury and General Government 
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-154), 
chapter 8 of this title, or any other law or Executive Order.''.

SEC. 4. SCOPE OF REVIEW.

    Section 706 of title 5, United States Code, is amended--
            (1) in the first sentence of the matter preceding paragraph 
        (1), by striking ``To the extent necessary'' and inserting the 
        following:
    ``(a) In General.--To the extent necessary''; and
            (2) in subsection (a), as so designated--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``, or, when 
                appropriate, remand a matter to an agency without 
                setting aside,'' after ``set aside''; and
                    (C) by striking the flush text following paragraph 
                (2)(F) and inserting the following:
    ``(b) Review of Entire Record; Prejudicial Error.--In making a 
determination under subsection (a), the court shall review the whole 
record or those parts of the record cited by a party, and due account 
shall be taken of the rule of prejudicial error.
    ``(c) Preclusion of Review.--
            ``(1) In general.--Any action or inaction of the 
        Administrator under subchapter II of chapter 5, except sections 
        552 and 552a, shall not be subject to judicial review.
            ``(2) Rule of construction.--The preclusion of judicial 
        review under this subsection shall not be construed or used to 
        construe any other provision of law to provide any cause of 
        action against the Administrator, except as explicitly provided 
        by law.
    ``(d) Review of Certain Guidance.--Agency guidance that does not 
interpret a statute or rule may be reviewed only under subsection 
(a)(2)(D).
    ``(e) Agency Interpretation of Rules.--
            ``(1) Standard of review.--Unless expressly required 
        otherwise by statute, the reviewing court shall decide all 
        questions of law de novo, with due regard for the views of the 
        agency administering the statute and any other agency involved 
        in the decision making process.
            ``(2) Weight.--The weight that a reviewing court gives an 
        interpretation by an agency of a rule of that agency shall 
        depend on the thoroughness evident in the consideration of the 
        rule by the agency, the validity of the reasoning of the 
        agency, and the consistency of the interpretation with earlier 
        and later pronouncements.''.

SEC. 5. ADDED DEFINITIONS.

    Section 701(b) of title 5, United States Code, is amended--
            (1) in paragraph (1)(H), by striking ``and'' at the end;
            (2) in paragraph (2)--
                    (A) by inserting ```guidance','' after 
                ```relief',''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following:
            ``(3) `substantial evidence' means such relevant evidence, 
        including the quality and quality, as a reasonable mind might 
        accept as adequate to support a conclusion in light of the 
        record considered as a whole.''.

SEC. 6. APPLICATION.

    The amendments made by this Act to sections 553, 701(b), and 706 of 
title 5, United States Code, shall not apply to any rulemaking, as 
defined in section 551 of title 5, United States Code, as amended by 
section 2 of this Act, that is pending or completed as of the date of 
enactment of this Act.

SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO COPYRIGHTS.

    Nothing in this Act, or in the amendments made by this Act, may be 
construed as altering, modifying, or abridging an exclusive right 
granted under title 17, United States Code.

SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Alaska National Interest Lands Conservation Act.--Section 
1002(g)(2) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3142(g)(2)) is amended, in the third sentence, by striking 
``section 706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
    (b) Antarctic Marine Living Resources Convention Act of 1984.--
Section 308(c) of the Antarctic Marine Living Resources Convention Act 
of 1984 (16 U.S.C. 2437(c)) is amended, in the third sentence, by 
striking ``section 706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
    (c) Congressional Accountability Act of 1995.--Section 409 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1409) is amended, in 
the first sentence--
            (1) by striking ``section 706(2)'' and inserting ``section 
        706(a)(2)''; and
            (2) by striking ``section 706(2)(B)'' and inserting 
        ``section 706(a)(2)(B)''.
    (d) Consumer Product Safety Act.--Section 9(i) of the Consumer 
Product Safety Act (15 U.S.C. 2058(i)) is amended, in the first 
sentence, by striking ``section 553(e)'' and inserting ``section 
553(h)''.
    (e) Deep Seabed Hard Mineral Resources Act.--Section 302(b) of the 
Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1462(b)) is amended, 
in the third sentence, by striking ``section 706(2)(E)'' and inserting 
``section 706(a)(2)(E)''.
    (f) Defense Production Act of 1950.--Section 709(b)(1) of the 
Defense Production Act of 1950 (50 U.S.C. 4559(b)(1)) is amended by 
striking ``for not less than 30 days, consistent with the requirements 
of section 553(b)'' and inserting ``in a manner consistent with the 
requirements of section 553(c)''.
    (g) Endangered Species Act of 1973.--Section 4(b)(3) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended--
            (1) in subparagraph (A), in the first sentence, by striking 
        ``section 553(e)'' and inserting ``section 553(h)''; and
            (2) in subparagraph (D)(i), in the first sentence, by 
        striking ``section 553(e)'' and inserting ``section 553(h)''.
    (h) Expedited Funds Availability Act.--Section 609(a) of the 
Expedited Funds Availability Act (12 U.S.C. 4008(a)) is amended, in the 
matter preceding paragraph (1), by striking ``section 553(c)'' and 
inserting ``section 553''.
    (i) Fastener Quality Act.--Section 6(b)(3) of the Fastener Quality 
Act (15 U.S.C. 5408(b)(3)) is amended, in the second sentence, by 
striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
    (j) Federal Food, Drug, and Cosmetic Act.--Section 912(b) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387l(b)) is amended, in 
the second sentence, by striking ``section 706(2)(A)'' and inserting 
``section 706(a)(2)(A)''.
    (k) Federal Hazardous Substances Act.--Section 3 of the Federal 
Hazardous Substances Act (15 U.S.C. 1262) is amended--
            (1) in subsection (e)(1), in the first sentence, by 
        striking ``(other than clause (B) of the last sentence of 
        subsection (b) of such section) of title 5 of the United States 
        Code'' and inserting ``of title 5, United States Code, other 
        than subsection (f)(3) of such section,''; and
            (2) in subsection (j), in the first sentence, by striking 
        ``section 553(e)'' and inserting ``section 553(h)''.
    (l) Federal Trade Commission Act.--Section 18(e) of the Federal 
Trade Commission Act (15 U.S.C. 57a(e)) is amended--
            (1) in paragraph (3), in the second sentence of the matter 
        preceding subparagraph (A), by striking ``section 706(2)'' and 
        inserting ``section 706(a)(2)''; and
            (2) in paragraph (5)(C), in the second sentence, by 
        striking ``Section 706(2)(E)'' and inserting ``Section 
        706(a)(2)(E)''.
    (m) Flammable Fabrics Act.--The Flammable Fabrics Act (15 U.S.C. 
1191 et seq.) is amended--
            (1) in section 4(k) (15 U.S.C. 1193(k)), in the first 
        sentence, by striking ``section 553(e)'' and inserting 
        ``section 553(h)''; and
            (2) in section 16(c)(2) (15 U.S.C. 1203(c)(2)), by striking 
        ``section 553(b)'' and inserting ``section 553(c)''.
    (n) General Education Provisions Act.--Section 411 of the General 
Education Provisions Act (20 U.S.C. 1221e-4) is amended, in the second 
sentence, by striking ``Notwithstanding the exception provided under 
section 553(b) of title 5, such'' and inserting ``Such''.
    (o) High Seas Fishing Compliance Act of 1995.--Section 108(d) of 
the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5507(d)) is 
amended, in the third sentence, by striking ``section 706(2)'' and 
inserting ``section 706(a)(2)''.
    (p) Housing and Community Development Act of 1992.--The Housing and 
Community Development Act of 1992 (12 U.S.C. 4501 et seq.) is amended--
            (1) in section 643(b)(3) (42 U.S.C. 13603(b)(3)), in the 
        first sentence, by striking ``(notwithstanding subsections 
        (a)(2), (b)(B), and (d)(3) of such section)'' and inserting 
        ``(notwithstanding subsections (a)(2), (f)(3), and (g)(2) of 
        such section)''; and
            (2) in section 685 (42 U.S.C. 13643), in the second 
        sentence, by striking ``(notwithstanding subsections (a)(2), 
        (b)(B), and (d)(3) of such section)'' and inserting 
        ``(notwithstanding subsections (a)(2), (f)(3), and (g)(2) of 
        such section)''.
    (q) International Banking Act of 1978.--Section 7(f)(2) of the 
International Banking Act of 1978 (12 U.S.C. 3105(f)(2)) is amended by 
striking ``paragraph (2)(F)'' and inserting ``subsection (a)(2)(F)''.
    (r) Magnuson-Stevens Fishery Conservation and Management Act.--
Section 308(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858(b)) is amended, in the third sentence, 
by striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
    (s) Marine Mammal Protection Act of 1972.--Section 109 of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1379) is amended--
            (1) in subsection (c)(4), in the first sentence, by 
        striking ``section 706(2) (A) through (E) of Title'' and 
        inserting ``subparagraphs (A) through (E) of section 706(a)(2) 
        of title''; and
            (2) in subsection (d)(2), in the second sentence--
                    (A) by striking ``Title'' and inserting ``title''; 
                and
                    (B) by striking ``subsection (d) of such section 
                553'' and inserting ``subsection (g) of such section 
                553''.
    (t) Mckinney-Vento Homeless Assistance Act.--Section 433 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11387) is amended, in 
the second sentence, by striking ``(notwithstanding subsections (a)(2), 
(b)(B), and (d)(3) of such section)'' and inserting ``(notwithstanding 
subsections (a)(2), (f)(3), and (g)(2) of such section)''.
    (u) Migrant and Seasonal Agricultural Worker Protection Act.--The 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.) is amended--
            (1) in section 103(c) (29 U.S.C. 1813(c)), in the third 
        sentence, by striking ``section 706(2)(E)'' and inserting 
        ``section 706(a)(2)(E)''; and
            (2) in section 503(c) (29 U.S.C. 1853(c)), in the third 
        sentence, by striking ``section 706(2)(E)'' and inserting 
        ``section 706(a)(2)(E)''.
    (v) Milwaukee Railroad Restructuring Act.--The Milwaukee Railroad 
Restructuring Act (45 U.S.C. 901 et seq.) is amended--
            (1) in section 5(b)(2) (45 U.S.C. 904(b)(2)), in the second 
        sentence, by striking ``sections 706(2)(A), 706(2)(B), 
        706(2)(C), and 706(2)(D) of title 5 of the United States Code'' 
        and inserting ``subparagraphs (A), (B), (C), and (D) of section 
        706(a)(2) of title 5, United States Code''; and
            (2) in section 17(b)(2) (45 U.S.C. 915(b)(2)), in the 
        second sentence, by striking ``sections 706(2)(A), 706(2)(B), 
        706(2)(C), and 706(2)(D) of title 5 of the United States Code'' 
        and inserting ``subparagraphs (A), (B), (C), and (D) of section 
        706(a)(2) of title 5, United States Code''.
    (w) Native American Programs Act of 1974.--Section 814 of the 
Native American Programs Act of 1974 (42 U.S.C. 2992b-1) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``Subparagraph (A) of the 
                last sentence of section 553(b) of title 5, United 
                States Code, shall not apply with respect to any 
                interpretative rule or general statement of policy'' 
                and inserting ``Section 553(c) of title 5, United 
                States Code, shall apply with respect to guidance'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Subparagraph (B) of the last 
                        sentence of section 553(b)'' and inserting 
                        ``Section 553(f)(3)''; and
                            (ii) by striking ``an interpretative rule 
                        or a general statement of policy'' and 
                        inserting ``guidance''; and
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``The first 2 sentences of 
                        section 553(b)'' and inserting ``Section 
                        553(c)''; and
                            (ii) by striking ``an interpretative rule, 
                        a general statement of policy,'' and inserting 
                        ``guidance'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``section 553(d)'' and 
                        inserting ``section 553(g)''; and
                            (ii) by striking ``an interpretative rule) 
                        or general statement of policy'' and inserting 
                        ``guidance)''; and
                    (B) in the flush text following paragraph (2), by 
                striking ``the first 2 sentences of section 553(b)'' 
                and inserting ``section 553(c)'';
            (3) in subsection (d), by striking ``an interpretative 
        rule) and each general statement of policy'' and inserting 
        ``guidance)'';
            (4) in subsection (e)--
                    (A) by striking ``any interpretative rule) or a 
                general statement of policy'' and inserting 
                ``guidance)''; and
                    (B) by striking ``or such general statement of 
                policy'';
            (5) in subsection (f)--
                    (A) by striking ``an interpretative rule) or a 
                general statement of policy'' and inserting 
                ``guidance)''; and
                    (B) by striking ``or such general statement of 
                policy''; and
            (6) by adding at the end the following:
    ``(g) In this section, the term `guidance' has the meaning given 
the term in section 551 of title 5, United States Code.''.
    (x) Natural Gas Policy Act of 1978.--Section 502(b) of the Natural 
Gas Policy Act of 1978 (15 U.S.C. 3412(b)) is amended, in the third 
sentence, by striking ``section 553(d)(3)'' and inserting ``section 
553(g)(2)''.
    (y) Noise Control Act of 1972.--Section 6(c)(2) of the Noise 
Control Act of 1972 (42 U.S.C. 4905(c)(2)) is amended by striking ``the 
first sentence of section 553(c)'' and inserting ``section 553(c)(4)''.
    (z) Northeast Rail Service Act of 1981.--Section 1152(c) of the 
Northeast Rail Service Act of 1981 (45 U.S.C. 1105(c)) is amended by 
striking ``paragraphs (2) (A), (B), (C), and (D) of section 706, title 
5'' and inserting ``subparagraphs (A) through (D) of section 706(a)(2) 
of title 5''.
    (aa) Northern Pacific Halibut Act of 1982.--Section 8(b) of the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773f(b)) is amended, in 
the third sentence, by striking ``section 706(2)'' and inserting 
``section 706(a)(2)''.
    (bb) Poison Prevention Packaging Act of 1970.--The Poison 
Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended--
            (1) in section 5 (15 U.S.C. 1474)--
                    (A) in subsection (a), in the first sentence, by 
                striking ``(other than paragraph (3)(B) of the last 
                sentence of subsection (b) of such section) of title 5 
                of the United States Code'' and inserting ``of title 5, 
                United States Code, other than subsection (f)(3) of 
                such section,''; and
                    (B) in subsection (b)--
                            (i) by striking ``of the United States 
                        Code'' each place that term appears and 
                        inserting ``, United States Code''; and
                            (ii) in paragraph (3), in the first 
                        sentence, by striking ``paragraph (2) of 
                        section 706'' and inserting ``section 
                        706(a)(2)''; and
            (2) in section 7(c)(2) (15 U.S.C. 1476(c)(2)), by striking 
        ``section 553(b)'' and inserting ``section 553(c)''.
    (cc) Poultry Products Inspection Act.--Section 14(c) of the Poultry 
Products Inspection Act (21 U.S.C. 463(c)) is amended by striking 
``section 553(c) of title 5, United States Code'' and inserting 
``section 553(c)(4) of title 5, United States Code,''.
    (dd) Public Health Service Act.--Section 2723(b)(2)(E)(iii) of the 
Public Health Service Act (42 U.S.C. 300gg-22(b)(2)(E)(iii)) is amended 
by striking ``section 706(2)(E)'' and inserting ``section 
706(a)(2)(E)''.
    (ee) Regional Rail Reorganization Act of 1973.--Section 216(c)(3) 
of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726(c)(3)) 
is amended, in the fourth sentence, by striking ``section 706(2)'' and 
inserting ``section 706(a)(2)''.
    (ff) Social Security Act.--The Social Security Act (42 U.S.C. 301 
et seq.) is amended--
            (1) in section 221(j) (42 U.S.C. 421(j)), in the flush text 
        following paragraph (3), by striking ``in accordance with 
        section 553(b)(A) of title 5, United States Code'' and all that 
        follows through ``and statements'' and inserting ``in 
        accordance with section 553(f)(2) of title 5, United States 
        Code, of guidance or rules of agency organization, procedure, 
        or practice relating to consultative examinations if such 
        guidance and rules''; and
            (2) in section 1871(b)(2) (42 U.S.C. 1395hh(b)(2)), by 
        striking subparagraph (C) and inserting the following:
                    ``(C) subsection (c) of section 553 of title 5, 
                United States Code, does not apply pursuant to 
                subsection (f)(3) of such section.''.
    (gg) South Pacific Tuna Act of 1988.--Section 8(b) of the South 
Pacific Tuna Act of 1988 (16 U.S.C. 973f(b)) is amended, in the third 
sentence, by striking ``section 706(2)'' and inserting ``section 
706(a)(2)''.
    (hh) Tariff Act of 1930.--Section 777(f)(5) of the Tariff Act of 
1930 (19 U.S.C. 1677f(f)(5)) is amended, in the third sentence, by 
striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
    (ii) Title 5, United States Code.--Title 5, United States Code, is 
amended--
            (1) in section 556(d), in the sixth sentence, by striking 
        ``rule making'' and inserting ``rulemaking'';
            (2) in section 557(b), in the fourth sentence of the matter 
        preceding paragraph (1), by striking ``rule making'' and 
        inserting ``rulemaking'';
            (3) in section 562(11), by striking ``means `rule making' 
        as that term is defined in section 551(5)'' and inserting ``has 
        the meaning given the term in section 551'';
            (4) in section 601(2), by striking ``section 553(b)'' and 
        inserting ``section 553(c)'';
            (5) in section 1103(b)(1), by striking ``section 553(b)(1), 
        (2), and (3)'' and inserting ``section 553(c)''; and
            (6) in section 1105, by striking ``subsections (b), (c), 
        and (d)'' and inserting ``subsections (b) through (g) and 
        (i)''.
    (jj) Title 11, United States Code.--Section 1172(b) of title 11, 
United States Code, is amended, in the second sentence, by striking 
``sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5'' 
and inserting ``subparagraphs (A), (B), (C), and (D) of section 
706(a)(2) of title 5''.
    (kk) Title 14, United States Code.--Section 2507(b)(2)(A) of title 
14, United States Code, is amended by striking ``section 706(1)'' and 
inserting ``section 706(a)(1)''.
    (ll) Title 28, United States Code.--Section 3902 of title 28, 
United States Code, is amended, in the first sentence, by striking 
``section 706(2)'' and inserting ``section 706(a)(2)''.
    (mm) Title 41, United States Code.--Section 8503(a)(2) of title 41, 
United States Code, is amended by striking ``section 553(b) to (e)'' 
and inserting ``section 553''.
    (nn) Title 46, United States Code.--Title 46, United States Code, 
is amended--
            (1) in section 14104(b), in the second sentence, by 
        striking ``shall be considered to be an interpretive regulation 
        for purposes of section 553 of title 5'' and inserting ``shall 
        be subject to section 553 of title 5''; and
            (2) in section 70105(c)(3)(B), in the second sentence, by 
        striking ``section 706(2)(E)'' and inserting ``section 
        706(a)(2)(E)''.
    (oo) Toxic Substances Control Act.--Section 19(c)(1)(B) of the 
Toxic Substances Control Act (15 U.S.C. 2618(c)(1)(B)) is amended--
            (1) in clause (i)--
                    (A) in subclause (I), by striking ``paragraph 
                (2)(E)'' and inserting ``subsection (a)(2)(E)''; and
                    (B) in subclause (II), by striking ``paragraph 
                (2)(E)'' and inserting ``subsection (a)(2)(E)''; and
            (2) in clause (ii), by striking ``section 553(c)'' and 
        inserting ``section 553(e)(2)''.
    (pp) Unfunded Mandates Reform Act of 1995.--Section 401(a)(2)(A) of 
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571(a)(2)(A)) is 
amended by striking ``section 706(1)'' and inserting ``section 
706(a)(1)''.
    (qq) United States Warehouse Act.--Section 13(d)(2) of the United 
States Warehouse Act (7 U.S.C. 252(d)(2)) is amended by striking 
``section 706(2)'' and inserting ``section 706(a)(2)''.
                                 &lt;all&gt;
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