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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