I 
117TH CONGRESS 
2D SESSION 
H. R. 8796 
To improve agency rulemaking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2022 
Ms. VAN DUYNE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To improve agency rulemaking, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Account-
ability Act’’. 
SEC. 2. DEFINITIONS. 
Section 551 of title 5, United States Code, is amend-
ed— 
(1) in paragraph (5), by striking ‘‘rule making’’ 
and inserting ‘‘rulemaking’’; 
(2) in paragraph (6), by striking ‘‘rule making’’ 
and inserting ‘‘rulemaking’’; 
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(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 interpreta-
tion of a statutory or regulatory issue; 
‘‘(16) ‘high-impact rule’ means any rule that 
the Administrator determines is likely to cause an 
annual effect on the economy of $500,000,000 or 
more, adjusted once every 5 years to reflect in-
creases in the Consumer Price Index for All Urban 
Consumers, as published by the Bureau of Labor 
Statistics of the Department of Labor; 
‘‘(17) ‘major guidance’ means guidance that the 
Administrator finds is likely to lead to— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more, adjusted once every 5 
years to reflect increases in the Consumer Price 
Index for All Urban Consumers, as published 
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by the Bureau of Labor Statistics of the De-
partment of Labor; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local, or Tribal government agencies, or 
geographic regions; or 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, public health and safety, or the ability 
of United States-based enterprises to compete 
with foreign-based enterprises in domestic and 
export markets; 
‘‘(18) ‘major rule’ means any rule that the Ad-
ministrator determines is likely to cause— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more, adjusted once every 5 
years to reflect increases in the Consumer Price 
Index for All Urban Consumers, as published 
by the Bureau of Labor Statistics of the De-
partment of Labor; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local, or Tribal government agencies, or 
geographic regions; or 
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‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, public health and safety, or the ability 
of United States-based enterprises to compete 
with foreign-based enterprises in domestic and 
export markets; 
‘‘(19) ‘Office of Information and Regulatory Af-
fairs’ means the office established under section 
3503 of title 44 and any successor to that office; 
and 
‘‘(20) ‘Administrator’ means the Administrator 
of the Office of Information and Regulatory Af-
fairs.’’. 
SEC. 3. RULEMAKING. 
Section 553 of title 5, United States Code, is amend-
ed— 
(1) in the section heading, by striking ‘‘Rule 
making’’ and inserting ‘‘Rulemaking’’; 
(2) in subsection (a), by striking ‘‘(a) This sec-
tion applies’’ and inserting the following: 
‘‘(a) APPLICABILITY.—This section applies’’; and 
(3) by striking subsections (b) through (e) and 
inserting the following: 
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‘‘(b) RULEMAKING CONSIDERATIONS.—In a rule-
making, an agency shall consider, in addition to other ap-
plicable 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 agen-
cy 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 alter-
natives presumed to be reasonable, that— 
‘‘(A) meet the objectives of the statutory 
provision on which the rulemaking relies, in-
cluding substantial alternatives or other re-
sponses identified by the agency or by inter-
ested persons; and 
‘‘(B) consider not only mandating par-
ticular conduct or manners of compliance, but 
also— 
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‘‘(i) specifying performance objectives; 
‘‘(ii) establishing economic incentives, 
including marketable permits, to encourage 
desired behavior; 
‘‘(iii) establishing disclosure require-
ments 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 man-
dating particular conduct or manners of 
compliance. 
‘‘(5) For any major rule or high-impact 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; 
‘‘(B) the nature and degree of risks ad-
dressed by the rule and the countervailing risks 
that might be posed by agency action; and 
‘‘(C) to the extent practicable, the cumu-
lative costs and benefits, and an analysis of the 
effects that the rule is anticipated to have on 
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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 rule-
making to the Administrator for review; 
‘‘(B) refrain from publishing the notice 
until the Administrator determines that review 
by the Administrator has concluded; and 
‘‘(C) at the conclusion of review by the Ad-
ministrator, publish a notice of proposed rule-
making in the Federal Register, which shall in-
clude— 
‘‘(i) a statement of the time, place, 
and nature of any public rulemaking pro-
ceedings; 
‘‘(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; 
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‘‘(iv) a summary of information 
known to the agency concerning the con-
siderations described in subsection (b); and 
‘‘(v) where otherwise consistent with 
applicable law, for any major rule or high- 
impact rule— 
‘‘(I) a reasoned preliminary ex-
planation regarding how— 
‘‘(aa) 
the 
proposed 
rule 
meets the objectives of the statu-
tory provision on which the rule-
making 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 alter-
natives considered by the agency 
under subsection (b)(4) meet the 
objectives of the statutory provi-
sion on which the rulemaking re-
lies; and 
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‘‘(cc) the reasons why the 
agency did not propose an alter-
native considered by the agency 
under subsection (b)(4); and 
‘‘(III) a solicitation of public 
comment, including on all issues and 
alternatives 
discussed 
under 
sub-
clauses (I) and (II) and subsection 
(l)(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 ob-
tain 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 NON-
GOVERNMENTAL PERSON.—With respect to any 
information to which a nongovernmental person 
holds a legal right to prohibit or limit reproduc-
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tion, distribution, or public display, the infor-
mation shall be— 
‘‘(i) placed in the docket through cita-
tion or incorporation by reference, includ-
ing a specification of the identity of the 
nongovernmental person who holds a legal 
right to prohibit or limit reproduction, dis-
tribution, or public display of the informa-
tion 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 nongovern-
mental 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 in-
formation. 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) shall not apply with respect to informa-
tion that is exempt from disclosure under sec-
tion 552(b). 
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‘‘(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 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 Appropria-
tions Act, 2001 (Public Law 106–554; 114 
Stat. 2763A–154). 
‘‘(4) PUBLIC COMMENT.— 
‘‘(A) IN GENERAL.—After publishing a no-
tice 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 op-
portunity for oral presentation, except that— 
‘‘(i) if a public hearing is convened 
under subsection (e), reasonable oppor-
tunity for oral presentation shall be pro-
vided at the public hearing as provided in 
subsection (e); and 
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‘‘(ii) when, other than as provided in 
subsection (e), a rule is required by statute 
to be made on the record after opportunity 
for an agency hearing— 
‘‘(I) sections 556 and 557 shall 
apply; and 
‘‘(II) the petition procedures of 
subsection (e) shall not apply. 
‘‘(B) TIMELINE.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (C), an agency shall provide not 
less than 60 days, or, with respect to a 
proposed major rule or a proposed high-im-
pact rule, not less than 90 days, for inter-
ested persons to submit written material, 
data, views, or arguments under subpara-
graph (A). 
‘‘(ii) ADEQUATE REVIEW PERIOD.—If 
a proposed rule relies on information 
placed in the docket through citation or in-
corporation by reference as described in 
paragraph (3)(B), the comment period re-
quired under clause (i) shall be adequate 
to allow interested persons to receive and 
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review that information to inform their 
submission. 
‘‘(C) RESPONSIVE COMMENT PERIOD FOR 
MAJOR
AND
HIGH-IMPACT
RULES.—With re-
spect to a proposed major rule or a proposed 
high-impact 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 pe-
riod 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, re-
spond 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 ac-
cessible to the public. 
‘‘(5) CHANGE OF CLASSIFICATION AFTER PUB-
LICATION OF NOTICE.—If, after an agency submits 
for review and publishes the notice of proposed rule-
making required under paragraph (1), a proposed 
rule is determined to be a major rule or a high-im-
pact rule, the agency shall— 
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‘‘(A) publish a notice in the Federal Reg-
ister with respect to the change of the classi-
fication of the rule; and 
‘‘(B) allow interested persons an additional 
opportunity of not less than 30 days to com-
ment on— 
‘‘(i) the rule; and 
‘‘(ii) the change of the classification of 
the rule. 
‘‘(6) PROHIBITION
ON
CERTAIN
COMMUNICA-
TIONS.— 
‘‘(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 sub-
section (d)(1)(B), the agency, and any indi-
vidual 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 pro-
posed rule in a manner that— 
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‘‘(i) directly advocates, in support of 
or against the proposed rule, for the sub-
mission 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 Con-
gress has not authorized. 
‘‘(B) EXCEPTION.—The prohibition under 
subparagraph (A) shall not apply to a commu-
nication that requests comments on, or provides 
information regarding, a proposed rule in an 
impartial manner. 
‘‘(d) INITIATION OF RULEMAKING FOR MAJOR AND 
HIGH-IMPACT RULES.— 
‘‘(1) NOTICE
FOR
MAJOR
AND
HIGH-IMPACT 
RULES.—When an agency determines to initiate a 
rulemaking that may result in a major rule or a 
high-impact rule, the agency shall— 
‘‘(A) establish an electronic docket for that 
rulemaking, which may have a physical counter-
part; and 
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‘‘(B) publish a notice of initiation of rule-
making in the Federal Register, which shall— 
‘‘(i) briefly describe the subject and 
objectives of, and the problem to be solved 
by, the rule; 
‘‘(ii) refer to the legal authority under 
which the rule would be proposed, includ-
ing the specific statutory provision that au-
thorizes the rulemaking; 
‘‘(iii) invite interested persons to pro-
pose alternatives and other ideas regarding 
how best to accomplish the objectives of 
the agency in the most effective manner; 
‘‘(iv) indicate how interested persons 
may submit written material for the dock-
et; and 
‘‘(v) appear in the Federal Register 
not later than 90 days before the date on 
which the agency publishes a notice of pro-
posed 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 pub-
lic, unless the information— 
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‘‘(A) is information to which the submitter 
does not hold a legal right to authorize disclo-
sure; or 
‘‘(B) is exempt from disclosure under sec-
tion 552(b). 
‘‘(3) APPLICABILITY.—With respect to the al-
ternatives 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 alter-
natives 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 per-
sons under paragraph (1), if an agency deter-
mines to proceed with a rulemaking for a major 
rule or a high-impact rule, the agency proposing 
the rule shall establish a timetable for the rule-
making that— 
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‘‘(i) contains intermediate completion 
dates for actions of the agency, includ-
ing— 
‘‘(I) the anticipated date on 
which the agency shall publish the no-
tice required under subsection (c)(1) 
with respect to the rule; and 
‘‘(II) the duration of the com-
ment 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 re-
quired under subparagraph (A) shall be pub-
lished in the electronic docket established under 
paragraph (1)(A) with respect to the rule-
making. 
‘‘(C) CONSIDERATION
OF
FACTORS.—In 
establishing the timetable required under sub-
paragraph (A), an agency shall consider rel-
evant factors, including— 
‘‘(i) the size and complexity of the 
rulemaking; 
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‘‘(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 com-
pletion date for an action established under 
subparagraph (A) shall submit to Congress 
and the Director of the Office of Manage-
ment 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 time-
table for the rulemaking; and 
‘‘(II) be published— 
‘‘(aa) in the Federal Reg-
ister; and 
‘‘(bb) in the electronic dock-
et established under paragraph 
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(1)(A) with respect to the rule-
making. 
‘‘(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 para-
graph (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 or 
a high-impact 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). 
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‘‘(B) CONTENTS.—A notice of determina-
tion of other agency course published under 
subparagraph (A)(i) shall include— 
‘‘(i) a description of the alternative re-
sponse the agency has determined to 
adopt; and 
‘‘(ii) if the agency intends to issue a 
rule, any information required under sub-
section (c). 
‘‘(e) PUBLIC HEARING FOR HIGH-IMPACT RULES.— 
‘‘(1) PETITION FOR PUBLIC HEARING.— 
‘‘(A) IN
GENERAL.—Before the date on 
which the comment period closes with respect to 
a proposed high-impact rule, an interested per-
son may petition the agency that proposed the 
rule to hold a public hearing in accordance with 
this subsection. 
‘‘(B) GRANTING
AND
DENIAL
OF
PETI-
TION.— 
‘‘(i) GRANTING
OF
PETITION.—Not 
later than 30 days after the date on which 
an agency receives a petition submitted 
under subparagraph (A) with respect to a 
rule, the agency shall grant the petition, in 
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whole or in part, if the petition shows 
that— 
‘‘(I) the proposed rule is based 
on conclusions with respect to 1 or 
more specific scientific, technical, eco-
nomic, or other complex factual issues 
that are genuinely disputed; 
‘‘(II) with respect to a rule that 
the agency is required to reissue not 
less frequently than once every 3 
years, the interested person submit-
ting the petition could not have raised 
the disputed factual issues described 
in subclause (I) during the 5-year pe-
riod preceding the date on which the 
petition is submitted; and 
‘‘(III) the resolution of the dis-
puted factual issues described in sub-
clause (I) would likely have an effect 
on— 
‘‘(aa) the costs and benefits 
of the proposed rule; or 
‘‘(bb) whether the proposed 
rule achieves relevant statutory 
objectives, including the objec-
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tives of the statutory provision on 
which the rulemaking relies. 
‘‘(ii) DENIAL
OF
PETITION.—If an 
agency denies a petition submitted under 
subparagraph (A) in whole or in part, the 
agency shall include in the rulemaking 
record an explanation for the denial that is 
sufficient for judicial review, including— 
‘‘(I) findings by the agency 
that— 
‘‘(aa) there is no genuine 
dispute as to the factual issues 
raised by the petition; or 
‘‘(bb) with respect to a rule 
that the agency is required to re-
issue not less frequently than 
once every 3 years, the interested 
person submitting the petition 
could have raised the disputed 
factual issues in the petition dur-
ing the 5-year period preceding 
the date on which the petition is 
submitted; and 
‘‘(II) a reasoned determination 
by the agency that the factual issues 
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raised by the petition, even if subject 
to genuine dispute and not subject to 
subclause (I)(bb), will not have an ef-
fect on— 
‘‘(aa) the costs and benefits 
of the proposed rule; or 
‘‘(bb) whether the proposed 
rule achieves relevant statutory 
objectives, including the objec-
tives of the statutory provision on 
which the rulemaking relies. 
‘‘(iii) INCLUSION IN THE RECORD.—A 
petition submitted under subparagraph (A) 
with respect to a high-impact rule and the 
decision of an agency with respect to the 
petition shall be included in the rulemaking 
record. 
‘‘(2) NOTICE OF HEARING.—Not later than 45 
days before the date on which a hearing is held 
under this subsection, an agency shall publish in the 
Federal Register a notice specifying— 
‘‘(A) the proposed rule to be considered at 
the hearing; and 
‘‘(B) the factual issues to be considered at 
the hearing. 
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‘‘(3) HEARING REQUIREMENTS.— 
‘‘(A) LIMITED NATURE OF HEARING.—A 
hearing held under this subsection shall be lim-
ited to— 
‘‘(i) the specific factual issues raised 
in a petition granted in whole or in part 
under paragraph (1); and 
‘‘(ii) any other factual issues the reso-
lution of which an agency, in the discretion 
of the agency, determines will advance con-
sideration by the agency of the proposed 
rule. 
‘‘(B) PROCEDURES.— 
‘‘(i) BURDEN OF PROOF.—Except as 
otherwise provided by statute, a proponent 
of a rule has the burden of proof in a hear-
ing held under this subsection. 
‘‘(ii) ADMISSION OF EVIDENCE.—In a 
hearing held under this subsection, any 
documentary or oral evidence may be re-
ceived, except that an agency, as a matter 
of policy, shall provide for the exclusion of 
immaterial or unduly repetitious evidence. 
‘‘(iii) ADOPTION
OF
RULES
GOV-
ERNING HEARINGS.—To govern a hearing 
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held under this subsection, each agency 
shall adopt rules that provide for— 
‘‘(I) the appointment of an agen-
cy official or administrative law judge 
to preside at the hearing; 
‘‘(II) the presentation by inter-
ested parties of relevant documentary 
or oral evidence, unless the evidence is 
immaterial or unduly repetitious; 
‘‘(III) a reasonable and adequate 
opportunity for cross-examination by 
interested parties concerning genu-
inely disputed factual issues raised by 
the petition, provided that, in the case 
of multiple interested parties with the 
same or similar interests, the agency 
may require the use of common coun-
sel where the common counsel may 
adequately represent the interests that 
will be significantly affected by the 
proposed rule; and 
‘‘(IV) when appropriate, and to 
the extent practicable, the consolida-
tion of proceedings with respect to 
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multiple petitions submitted under 
this subsection into a single hearing. 
‘‘(C) RECORD OF HEARING.—A transcript 
of testimony and exhibits, together with all pa-
pers and requests filed in the hearing, shall 
constitute the exclusive record for decision of 
the factual issues addressed in a hearing held 
under this subsection. 
‘‘(4) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—Failure to petition for 
a hearing under this subsection shall not pre-
clude judicial review of any claim that could 
have been raised in the hearing petition or at 
the hearing. 
‘‘(B) TIMING
OF
JUDICIAL
REVIEW.— 
There shall be no judicial review of the disposi-
tion of a petition by an agency under this sub-
section until judicial review of the final action 
of the agency. 
‘‘(f) FINAL RULES.— 
‘‘(1) NET BENEFITS OF MAJOR OR HIGH-IM-
PACT RULE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in a rulemaking for a major 
rule or a high-impact rule, an agency shall 
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‘‘(AA) all such addi-
tional benefits and the asso-
ciated costs of those bene-
fits; and 
‘‘(BB) all such cost re-
ductions and the associated 
benefits of those cost reduc-
tions; and 
‘‘(bb) explains why— 
‘‘(AA) the additional 
benefits justify the addi-
tional costs; or 
‘‘(BB) the additional 
cost reductions justify any 
benefits foregone. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in subparagraph (A) may be construed to pre-
clude an agency from including in an alter-
native 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 RULE-
MAKING.—After submitting a final rule to the Ad-
ministrator for review and obtaining a certification 
from the Administrator that the review has con-
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cluded, the agency shall publish a notice of final 
rulemaking in the Federal Register, which shall in-
clude— 
‘‘(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; 
and 
‘‘(D) with respect to a major rule or a 
high-impact rule, a reasoned determination by 
the agency that— 
‘‘(i) the benefits of the rule advance 
the relevant objectives of the statutory pro-
vision 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 rule-
making relies in a manner that more 
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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 eco-
nomic 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 Appropria-
tions 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 stud-
ies, models, scientific literature, and other in-
formation developed or relied upon by the agen-
cy, and actions taken by the agency to obtain 
that information, in connection with the deter-
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mination 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 NON-
GOVERNMENTAL PERSON.—With respect to any 
information to which a nongovernmental person 
holds a legal right to prohibit or limit reproduc-
tion, distribution, or public display, the infor-
mation shall be— 
‘‘(i) placed in the docket through cita-
tion or incorporation by reference, includ-
ing a specification of the identity of the 
nongovernmental person who holds a legal 
right to prohibit or limit reproduction, dis-
tribution, or public display of the informa-
tion 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 nongovern-
mental person who holds a legal right to 
prohibit or limit reproduction, distribution, 
or public display of the information makes 
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the information reasonably available upon 
request in a timely manner. 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) shall not apply with respect to informa-
tion that is exempt from disclosure under sec-
tion 552(b). 
‘‘(5) RULES ADOPTED AT THE END OF A PRESI-
DENTIAL ADMINISTRATION.— 
‘‘(A) IN GENERAL.—During the 60-day pe-
riod 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 Fed-
eral Register or published in the Federal Reg-
ister as of the date of the inauguration, but 
which had not become effective by the date of 
the inauguration, 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 re-
scinded; or 
‘‘(ii) the effective date of the rule 
should be further delayed. 
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‘‘(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 com-
ments. 
‘‘(g) APPLICABILITY.— 
‘‘(1) PRIMACY OF CERTAIN RULEMAKING CON-
SIDERATIONS 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 re-
quirements 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 pro-
hibits an agency from following or using, a pro-
cedure in a manner that is duplicative of, or 
that conflicts with, a procedural requirement 
under this section, for the purposes of this sec-
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tion, the requirement or prohibition, as applica-
ble, in that other Federal law shall apply to the 
agency in the rulemaking. 
‘‘(2) GUIDANCE
AND
RULES
OF
ORGANIZA-
TION.—Except as otherwise provided by law, this 
section shall not apply to guidance or rules of agen-
cy 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 sub-
section (c), (d), (e), or (f)(2)(B) before 
issuing a final rule is unnecessary, imprac-
ticable, or contrary to the public interest, 
that subsection shall not apply and the 
agency may issue the final rule or an in-
terim final rule, as applicable, under sub-
paragraph (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 brief statement with re-
spect to the reasons for that finding in the 
final rule or interim final rule, as applica-
ble, issued by the agency. 
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‘‘(B) DIRECT FINAL RULES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if an agency makes a 
finding under subparagraph (A)(i) that 
compliance with subsection (c), (d), (e), or 
(f)(2)(B) before issuing a final rule is un-
necessary, the agency shall, before issuing 
the final rule— 
‘‘(I) publish in the Federal Reg-
ister the text of the final rule, the 
brief statement required under sub-
paragraph (A)(ii), and a notice of op-
portunity for public comment; 
‘‘(II) establish a comment period 
of not less than 30 days for any inter-
ested person to submit written mate-
rial, 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 
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that following the requirements would not 
expedite the issuance of the final rule. 
‘‘(iii) ADVERSE
COMMENTS.—If an 
agency receives significant adverse com-
ments 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 ac-
cordance with subsections (c) through 
(f), as applicable. 
‘‘(C) INTERIM FINAL RULES.— 
‘‘(i) IN GENERAL.—If an agency for 
good cause finds that compliance with sub-
section (c), (d), (e), or (f)(2)(B) before 
issuing a final rule is impracticable or con-
trary 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 
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‘‘(II) providing a cross-reference 
in the portion of the Federal Register 
relating to proposed rules that re-
quests 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 (f); 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 sub-
clause, the interim final rule issued by 
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the agency shall have no force or ef-
fect. 
‘‘(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 Fed-
eral 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. 
‘‘(h) DATE OF PUBLICATION.—A final rule, a direct 
final rule described in subsection (g)(3)(B), or an interim 
final rule described in subsection (g)(3)(C) shall be pub-
lished not later than 30 days (or, in the case of a major 
rule or a high-impact 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. 
‘‘(i) 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 
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‘‘(2) on a continuing basis, invite interested 
persons to submit, by electronic means, suggestions 
for rules that warrant retrospective review and pos-
sible modification or repeal. 
‘‘(j) 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 pro-
tect 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 po-
tential State, local, Tribal, or regional 
regulatory action or other responses 
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that could be taken in lieu of agency 
action. 
‘‘(ii) ASSESSMENT OF RULES.—Guide-
lines setting forth how the assessment, in-
cluding the quantitative and qualitative as-
sessment, of proposed and final rules 
should occur, including how to determine— 
‘‘(I) the costs and benefits of 
proposed and final rules and alter-
natives to them, including quantifiable 
and non-quantifiable costs and bene-
fits; 
‘‘(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 sec-
tion and other sections of this part. 
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‘‘(iii) NUMBERS OF ALTERNATIVES.— 
Guidelines regarding when it may be rea-
sonable to consider in a rulemaking more 
alternatives than the number presumed to 
be reasonable under subsection (b)(4). 
‘‘(iv) ADOPTION
OF
ALTERNATIVES 
FOR
MAJOR
OR
HIGH-IMPACT
RULES.— 
Guidelines regarding when it may be ap-
propriate, in a rulemaking for a major or 
high-impact rule, to adopt an alternative 
final rule under subsection (f)(1)(B). 
‘‘(v) 
ADMINISTRATOR
REVIEW.— 
Guidelines regarding the efficient submis-
sion and review of proposed and final rules 
under subsections (c)(1) and (f)(2). 
‘‘(B) AGENCY ANALYSIS OF RULES.— 
‘‘(i) IN GENERAL.—The rigor of the 
cost-benefit 
analysis 
required 
or 
rec-
ommended by the guidelines established 
under subparagraph (A) shall be commen-
surate, as determined by the Adminis-
trator, with the economic impact of a rule. 
‘‘(ii) 
RISK
ASSESSMENT
GUIDE-
LINES.—Guidelines for a risk assessment 
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described in subparagraph (A)(iv) shall in-
clude 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 Ad-
ministrator shall update the guidelines estab-
lished 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 objec-
tively and accurately as practicable. 
‘‘(2) SIMPLIFICATION OF RULES.— 
‘‘(A) ISSUANCE OF GUIDELINES.—The Ad-
ministrator shall issue guidelines to promote co-
ordination, simplification, and harmonization of 
agency rules during the rulemaking process. 
‘‘(B) 
REQUIREMENTS.—The 
guidelines 
issued by the Administrator under subpara-
graph (A) shall advise each agency to— 
‘‘(i) avoid rules that are inconsistent 
or incompatible with, or duplicative of, 
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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 uncer-
tainty and litigation arising from the un-
certainty. 
‘‘(3) CONSISTENCY IN RULEMAKING.— 
‘‘(A) IN GENERAL.—To promote consist-
ency in rulemaking, the Administrator shall— 
‘‘(i) 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; and 
‘‘(ii) issue guidelines for the adoption 
of rules under subsection (e)(3)(B)(iii), 
which shall provide a reasonable oppor-
tunity for cross-examination, as described 
in subsection (e)(3)(B)(iii)(III). 
‘‘(B) AGENCY
ADOPTION
OF
REGULA-
TIONS.—Each agency shall adopt regulations 
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for the conduct of hearings consistent with the 
guidelines issued under this paragraph. 
‘‘(k) 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; and 
‘‘(C) at the time the guidance is issued, or 
upon request, be made available by the issuing 
agency to interested persons and the public. 
‘‘(2) PROCEDURES
TO
ISSUE
MAJOR
GUID-
ANCE.—Before issuing any major guidance, an agen-
cy shall make and document a reasoned determina-
tion that— 
‘‘(A) such guidance is understandable and 
complies with relevant statutory objectives and 
regulatory provisions; and 
‘‘(B) identifies the costs and benefits, in-
cluding all costs and benefits to be considered 
during a rulemaking as required under sub-
section (b), of requiring conduct conforming to 
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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 agen-
cies in the issuance of guidance documents. 
‘‘(B) 
REQUIREMENTS.—The 
guidelines 
issued by the Administrator under subpara-
graph (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 un-
derstand, 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 guid-
ance by the agency. 
‘‘(l) MAJOR RULE AND HIGH-IMPACT RULE FRAME-
WORKS.— 
‘‘(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date of enactment of this sub-
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section, when an agency publishes in the Federal 
Register— 
‘‘(A) a proposed major rule or a proposed 
high-impact rule, the agency shall include a po-
tential 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 or a final high-im-
pact rule, the agency shall include a framework 
for assessing the rule under paragraph (2), 
which shall include— 
‘‘(i) a clear statement of the regu-
latory 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 meas-
ure— 
‘‘(I) the effectiveness and bene-
fits of the rule in producing the regu-
latory objectives of the rule; and 
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‘‘(II) the impacts, including any 
costs, of the rule on regulated and 
other impacted entities; 
‘‘(iii) a plan for gathering data re-
garding 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 appro-
priate to the rule and 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 as-
sess 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 or a final high-impact rule to 
better determine whether the regulatory objec-
tive was achieved, with respect to the rule— 
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‘‘(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 consider-
ation— 
‘‘(aa) changes in the subject 
area affected by the rule; and 
‘‘(bb) whether the rule over-
laps, 
duplicates, 
or 
conflicts 
with— 
‘‘(AA) other rules; or 
‘‘(BB) to the extent 
feasible, State and local gov-
ernment regulations; 
‘‘(III) the rule needs to be modi-
fied in order to accomplish the regu-
latory objective; and 
‘‘(IV) other alternatives to the 
rule or modification of the rule could 
better achieve the regulatory objective 
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while imposing a smaller burden on 
society or increase cost-effectiveness, 
taking into consideration any cost al-
ready incurred. 
‘‘(B) DIFFERENT
METHODOLOGY.—If an 
agency uses a methodology other than the 
methodology under paragraph (1)(B)(ii) to as-
sess data under subparagraph (A), the agency 
shall include as part of the notice required to 
be published under subparagraph (D) an expla-
nation of the changes in circumstances that ne-
cessitated the use of that other methodology. 
‘‘(C) SUBSEQUENT ASSESSMENTS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if, after an assessment 
of a major rule or a high-impact rule 
under subparagraph (A), an agency deter-
mines 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 
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another assessment of the rule in ac-
cordance 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 subpara-
graph (A) to ensure that the rule con-
tinues to meet the regulatory objec-
tive. 
‘‘(ii) 
EXEMPTION.—The 
Adminis-
trator may exempt an agency from con-
ducting a subsequent assessment of a rule 
under clause (i) if the Administrator deter-
mines that there is a foreseeable and ap-
parent need for the rule beyond the time-
frame required under clause (i)(I). 
‘‘(D) PUBLICATION.—Not later than 180 
days after the date on which an agency com-
pletes an assessment of a major rule or a high- 
impact rule under subparagraph (A), the agen-
cy shall publish a notice of availability of the re-
sults of the assessment in the Federal Register, 
including the specific time for any subsequent 
assessment of the rule under subparagraph 
(C)(i), if applicable. 
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‘‘(3) OIRA OVERSIGHT.—The Administrator 
shall— 
‘‘(A) issue guidance for agencies regarding 
the development of the framework under para-
graph (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 assess-
ment conducted under paragraph (2)(A) are— 
‘‘(i) published promptly on a central-
ized 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 or 
high-impact rules with similar or related regu-
latory objectives; 
‘‘(E) exempt an agency from including the 
framework required under paragraph (1)(B) 
when publishing a final major rule or a final 
high-impact rule if the Administrator deter-
mines that compliance with paragraph (1)(B) is 
unnecessary, impracticable, or contrary to the 
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public interest, as described in subsection 
(g)(3)(A)(i); and 
‘‘(F) extend the deadline specified by an 
agency for an assessment of a major rule or a 
high-impact 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 or a high-impact rule of 
the agency earlier than the end of the time-
frame specified for the rule under paragraph 
(1)(B)(iv); or 
‘‘(B) any other provision of law that re-
quires an agency to conduct retrospective re-
views of rules issued by the agency. 
‘‘(5) APPLICABILITY.— 
‘‘(A) IN GENERAL.—This subsection shall 
not apply to— 
‘‘(i) a major rule or a high-impact 
rule of an agency— 
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‘‘(I) that the Administrator re-
viewed before the date of enactment of 
this subsection; 
‘‘(II) for which the agency is re-
quired to conduct a retrospective re-
view under any other provision of law 
that meets or exceeds the require-
ments of this subsection, as deter-
mined by the Administrator; or 
‘‘(III) for which the authorizing 
statute is subject to periodic reauthor-
ization by Congress not less fre-
quently 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 OR HIGH-IMPACT RULE.—In the case of a 
major rule or a high-impact rule of an agency 
for which the agency is not required to issue a 
notice of proposed rulemaking in response to an 
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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 or a 
high-impact 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 repeal-
ing the rule under another provision of law. 
‘‘(7) JUDICIAL REVIEW.— 
‘‘(A) IN
GENERAL.—Judicial review of 
agency compliance with this subsection is lim-
ited to whether an agency— 
‘‘(i) published the framework for as-
sessment of a major rule or a high-impact 
rule in accordance with paragraph (1); or 
‘‘(ii) completed and published the re-
quired assessment of a major rule or a 
high-impact rule in accordance with sub-
paragraphs (A) and (D) of paragraph (2). 
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‘‘(B) REMEDY
AVAILABLE.—In granting 
relief in an action brought under subparagraph 
(A), a court may only issue an order remanding 
the major rule or the high-impact rule, as appli-
cable, to the agency to comply with paragraph 
(1) or subparagraph (A) or (D) of paragraph 
(2), as applicable. 
‘‘(C) EFFECTIVE
DATE
OF
MAJOR
OR 
HIGH-IMPACT RULE.—If, in an action brought 
under subparagraph (A)(i), a court determines 
that the agency did not comply, the major rule 
or the high-impact rule, as applicable, shall take 
effect notwithstanding any order issued by the 
court. 
‘‘(m) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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), chap-
ter 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 amend-
ed— 
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(1) in the first sentence of the matter preceding 
paragraph (1), by striking ‘‘To the extent nec-
essary’’ 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)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, or, when appro-
priate, remand a matter to an agency with-
out setting aside,’’ after ‘‘set aside’’; and 
(ii) in subparagraph (F), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(C) by striking the flush text following 
paragraph (2)(F) and inserting the following: 
‘‘(3) with respect to the review of a high-impact 
rule, as defined in section 551 of this title, deter-
mine whether the factual findings of the agency 
issuing the rule are supported by substantial evi-
dence. 
‘‘(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 
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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 Ad-
ministrator, except as explicitly provided by law. 
‘‘(d) REVIEW OF CERTAIN GUIDANCE.—Agency guid-
ance that does not interpret a statute or rule may be re-
viewed only under subsection (a)(2)(D). 
‘‘(e) AGENCY INTERPRETATION
OF RULES.—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— 
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(1) in paragraph (1)(H), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (2)— 
(A) by inserting ‘‘ ‘guidance’,’’ after ‘‘ ‘re-
lief’,’’; 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 as a reasonable mind might accept as ade-
quate 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 enact-
ment of this Act. 
SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO COPY-
RIGHTS. 
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. 
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SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) ALASKA NATIONAL INTEREST LANDS CONSERVA-
TION ACT.—Section 1002(g)(2) of the Alaska National In-
terest 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 CON-
VENTION 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 sen-
tence— 
(1) by striking ‘‘section 706(2)’’ and inserting 
‘‘section 706(a)(2)’’; and 
(2) by striking ‘‘section 706(2)(B)’’ and insert-
ing ‘‘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(i)’’. 
(e) DEEP SEABED HARD MINERAL RESOURCES 
ACT.—Section 302(b) of the Deep Seabed Hard Mineral 
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Resources Act (30 U.S.C. 1462(b)) is amended, in the 
third sentence, by striking ‘‘section 706(2)(E)’’ and in-
serting ‘‘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(i)’’; and 
(2) in subparagraph (D)(i), in the first sen-
tence, by striking ‘‘section 553(e)’’ and inserting 
‘‘section 553(i)’’. 
(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, 
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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 sen-
tence, by striking ‘‘section 706(2)(A)’’ and inserting ‘‘sec-
tion 706(a)(2)(A)’’. 
(k) FEDERAL HAZARDOUS SUBSTANCES ACT.—Sec-
tion 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 (g)(3) of 
such section,’’; and 
(2) in subsection (j), in the first sentence, by 
striking ‘‘section 553(e)’’ and inserting ‘‘section 
553(i)’’. 
(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 
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‘‘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 ‘‘Sec-
tion 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 in-
serting ‘‘section 553(i)’’; 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.—Sec-
tion 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 Compli-
ance 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)’’. 
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(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 ‘‘(notwith-
standing subsections (a)(2), (g)(3), and (h)(2) of 
such section)’’; and 
(2) in section 685 (42 U.S.C. 13643), in the 
second sentence, by striking ‘‘(notwithstanding sub-
sections (a)(2), (b)(B), and (d)(3) of such section)’’ 
and inserting ‘‘(notwithstanding subsections (a)(2), 
(g)(3), and (h)(2) of such section)’’. 
(q) INTERNATIONAL BANKING ACT OF 1978.—Sec-
tion 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 Magnu-
son-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)’’. 
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(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 sen-
tence— 
(A) by striking ‘‘Title’’ and inserting 
‘‘title’’; and 
(B) by striking ‘‘subsection (d) of such sec-
tion 553’’ and inserting ‘‘subsection (h) of such 
section 553’’. 
(t) 
MCKINNEY-VENTO
HOMELESS
ASSISTANCE 
ACT.—Section 433 of the McKinney-Vento Homeless As-
sistance 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), (g)(3), and (h)(2) of 
such section)’’. 
(u) MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION ACT.—The Migrant and Seasonal Agri-
cultural Worker Protection Act (29 U.S.C. 1801 et seq.) 
is amended— 
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(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 ‘‘subpara-
graphs (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)— 
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(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘Subpara-
graph (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 gen-
eral 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 subpara-
graph (A), by striking ‘‘Subparagraph (B) 
of the last sentence of section 553(b)’’ and 
inserting ‘‘Section 553(g)(3)’’; and 
(ii) by striking ‘‘an interpretative rule 
or a general statement of policy’’ and in-
serting ‘‘guidance’’; and 
(C) in paragraph (3), in the matter pre-
ceding 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 insert-
ing ‘‘guidance’’; 
(2) in subsection (c)— 
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(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘section 553(d)’’ and 
inserting ‘‘section 553(h)’’; 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 interpre-
tative 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 
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(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(h)(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.—Sec-
tion 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)’’. 
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(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 sec-
tion) of title 5 of the United States Code’’ and 
inserting ‘‘of title 5, United States Code, other 
than subsection (g)(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 sen-
tence, by striking ‘‘paragraph (2) of sec-
tion 
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, 
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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 Reorga-
nization 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 sec-
tion 553(g)(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 
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(2) 
in 
section 
1871(b)(2) 
(42 
U.S.C. 
1395hh(b)(2)), by striking subparagraph (C) and in-
serting the following: 
‘‘(C) subsection (c) of section 553 of title 
5, United States Code, does not apply pursuant 
to subsection (g)(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’’; 
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(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 (h) and (j)’’. 
(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 in-
serting ‘‘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 ‘‘sec-
tion 706(a)(2)’’. 
(mm) TITLE 41, UNITED STATES CODE.—Section 
8503(a)(2) of title 41, United States Code, is amended 
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(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)’’. 
Æ 
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