I 
119TH CONGRESS 
1ST SESSION H. R. 3525 
To improve agency rulemaking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2025 
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) ‘major guidance’ means guidance that the 
Administrator finds is— 
‘‘(A) likely to lead to— 
‘‘(i) any annual effect on the economy; 
‘‘(ii) a major increase in costs or 
prices for consumers, individual industries, 
Federal, State, local, or Tribal government 
agencies, or geographic regions; or 
‘‘(iii) significant adverse effects on 
competition, employment, investment, pro-
ductivity, innovation, public health and 
safety, or the ability of United States- 
based enterprises to compete with foreign- 
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based enterprises in domestic and export 
markets; or 
‘‘(B) a departure from a prior statutory in-
terpretation or agency policy; 
‘‘(17) ‘major rule’ means any rule that the Ad-
ministrator determines is likely to— 
‘‘(A) cause an annual effect on the econ-
omy of $100,000,000 or more; 
‘‘(B) cause a major increase in costs or 
prices for consumers, individual industries, Fed-
eral, State, local, or Tribal government agen-
cies, or geographic regions; 
‘‘(C) cause significant adverse effects on 
competition, employment, investment, produc-
tivity, innovation, public health and safety, or 
the ability of United States-based enterprises to 
compete with foreign-based enterprises in do-
mestic and export markets; or 
‘‘(D) raise novel legal or policy issues aris-
ing out of legal mandates; 
‘‘(18) ‘Office of Information and Regulatory Af-
fairs’ means the office established under section 
3503 of title 44 and any successor to that office; 
and 
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‘‘(19) ‘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: 
‘‘(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 
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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— 
‘‘(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-
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dating particular conduct or manners of 
compliance. 
‘‘(5) For any major rule, unless prohibited by 
law, the potential costs and benefits associated with 
potential alternative rules and other responses con-
sidered under paragraph (4), including quantitative 
and qualitative analyses of— 
‘‘(A) the direct costs and benefits, with 
costs and benefits measured over equal time pe-
riods; 
‘‘(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 the indirect costs 
and benefits, and an analysis of the effects that 
the rule is anticipated to have on entities that 
purchase products or services from, sell prod-
ucts or services to, or otherwise conduct busi-
ness 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— 
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‘‘(A) submit a notice of proposed rule-
making to the Administrator for review; 
‘‘(B) refrain from publishing the notice 
until the Administrator concludes the review 
under subparagraph (A); and 
‘‘(C) at the conclusion of review by the 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; 
‘‘(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— 
‘‘(I) a reasoned preliminary ex-
planation regarding how— 
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‘‘(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 
‘‘(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 
(k)(1)(A). 
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‘‘(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-
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 
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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). 
‘‘(3) INFORMATION
QUALITY.—If an agency 
proposes a rule that rests upon scientific, technical, 
or economic information, the agency shall— 
‘‘(A) propose the rule on the basis of the 
best publicly available scientific, technical, or 
economic information; and 
‘‘(B) to the maximum extent practicable, 
use that information in compliance with the 
guidelines issued under section 515 of the 
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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 
when a rule is required by statute to be made 
on the record after opportunity for an agency 
hearing, sections 556 and 557 shall apply. 
‘‘(B) TIMELINE.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (C), an agency shall provide not 
less than 60 days, or, with respect to a 
proposed major rule, not less than 90 days, 
for interested persons to submit written 
material, data, views, or arguments under 
subparagraph (A). 
‘‘(ii) ADEQUATE REVIEW PERIOD.—If 
a proposed rule relies on information 
placed in the docket through citation or in-
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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 
review that information to inform their 
submission. 
‘‘(C) RESPONSIVE COMMENT PERIOD FOR 
MAJOR
RULES.—With respect to a proposed 
major rule, an interested person who made a 
submission under subparagraph (A) during the 
comment period under subparagraph (B) with 
respect to the rule may, during the period be-
ginning on the day after the date on which that 
comment period closes and ending on the date 
that is 30 days after that day, respond to any 
other submission made by any other interested 
person under subparagraph (A) during the ini-
tial 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-
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making required under paragraph (1), a proposed 
rule is determined to be a major rule, the agency 
shall— 
‘‘(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) REQUIREMENTS
FOR
CERTAIN
COMMU-
NICATIONS.— 
‘‘(A) PROHIBITION.—Except as provided 
in subparagraph (C), 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 
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means, to the public with respect to the pro-
posed rule in a manner that— 
‘‘(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) EX PARTE COMMUNICATIONS.—All ex 
parte communications between an agency and 
any stakeholder that may benefit from a pro-
posed rule of the agency shall be published in 
the Federal Register with the notice of pro-
posed rulemaking for that rule. 
‘‘(C) 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. 
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‘‘(d) ADVANCED
NOTICE
OF
PROPOSED
RULE-
MAKING FOR MAJOR RULES.— 
‘‘(1) NOTICE
FOR
MAJOR
RULES.—When an 
agency determines to initiate a rulemaking that may 
result in a major rule, the agency shall— 
‘‘(A) establish an electronic docket for that 
rulemaking, which may have a physical counter-
part; and 
‘‘(B) publish an advanced notice of pro-
posed rulemaking in the Federal Register, 
which shall, at a minimum— 
‘‘(i) briefly describe the nature and 
significance of the problem the agency may 
address with the rule, including any data 
or categories of data that the agency has 
identified as relevant or that the agency in-
tends to consult for 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; 
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‘‘(iv) solicit written data, views, and 
arguments from interested persons con-
cerning the information and issues identi-
fied in the advanced notice; 
‘‘(v) provide for a period of not less 
than 30 days for interested persons to sub-
mit written data, views, and arguments de-
scribed in clause (iv) to the agency; and 
‘‘(vi) appear in the Federal Register 
not later than 90 days before the date on 
which the agency publishes a notice of 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— 
‘‘(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)— 
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‘‘(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, the agency proposing the rule shall estab-
lish a timetable for the rulemaking that— 
‘‘(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 
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(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; 
‘‘(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 
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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 
(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)— 
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‘‘(i) the updated completion date for 
the action; and 
‘‘(ii) a brief explanation regarding the 
reason for the change to the completion 
date. 
‘‘(5) NOTICE
OF
DETERMINATION
OF
OTHER 
AGENCY COURSE.— 
‘‘(A) IN
GENERAL.—If, after publishing 
the notice required under paragraph (1), an 
agency determines not to issue a major rule, 
the agency shall— 
‘‘(i) publish a notice of determination 
of other agency course; and 
‘‘(ii) if the agency intends to issue a 
rule, comply with the procedures required 
under subsection (c). 
‘‘(B) CONTENTS.—A notice of 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). 
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‘‘(e) FINAL RULES.— 
‘‘(1) NET BENEFITS OF MAJOR RULE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in a rulemaking for a major 
rule, an agency shall adopt the alternative con-
sidered under subsection (b)(5) that maximizes 
net benefits, taking into consideration— 
‘‘(i) cumulative regulatory cost bur-
dens; and 
‘‘(ii) only benefits that arise within 
the scope of the statutory provision that 
authorizes the rulemaking. 
‘‘(B) EXCEPTIONS.—In a rulemaking for a 
major rule, an agency may adopt an alternative 
other than as required under subparagraph (A) 
only if— 
‘‘(i) the Administrator approves the 
adoption by the agency of the alternative; 
and 
‘‘(ii) the alternative is adopted to— 
‘‘(I) account for costs or benefits 
that cannot be quantified, including 
costs or benefits related to constitu-
tional or civil rights, provided that the 
agency identifies all such costs and 
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benefits and explains why those costs 
and benefits justify the adoption of 
the alternative; or 
‘‘(II) achieve additional benefits 
or cost reductions, provided that the 
agency— 
‘‘(aa) identifies— 
‘‘(AA) all such 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-
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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-
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; 
‘‘(D) the internet address of a summary of 
not more than 100 words in length of the pro-
posed rule, in plain language, that shall be 
posted on the internet website under section 
206(d) of the E-Government Act of 2002 (44 
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U.S.C. 3501 note) (commonly known as regula-
tions.gov); and 
‘‘(E) with respect to a major rule, a rea-
soned 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 
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 
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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-
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 
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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. 
‘‘(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-
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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 transitional inauguration day, the agency 
issuing the rule may, by order, delay the effec-
tive 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. 
‘‘(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. 
‘‘(C) 
CITATION
TO
CONGRESSIONAL 
RECORD.—Not later than 30 days after a final 
rule described in subparagraph (A) goes into ef-
fect, or, in the case of a final rule described in 
subparagraph (A) that is a major rule, not later 
than the date on which the final rule goes into 
effect, the agency promulgating the rule shall 
publish in the Federal Register a citation to the 
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Congressional Record for the submission re-
quired under section 801(a)(1)(A) of this title 
with respect to the final rule. 
‘‘(f) 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-
tion, the requirement or prohibition, as applica-
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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), or (e)(2)(B) before issuing 
a final rule is unnecessary, impracticable, 
or contrary to the public interest, that sub-
section shall not apply and the agency may 
issue the final rule or an interim final rule, 
as applicable, under subparagraph (B) or 
(C). 
‘‘(ii) INCORPORATION OF GOOD CAUSE 
FINDING.—If an agency makes a finding 
under clause (i), the agency shall include 
that finding and a detailed statement with 
respect to the reasons for that finding in 
the final rule or interim final rule, as ap-
plicable, issued by the agency. 
‘‘(B) DIRECT FINAL RULES.— 
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‘‘(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), or 
(e)(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 
that following the requirements would not 
expedite the issuance of the final rule. 
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‘‘(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 
(e), as applicable. 
‘‘(C) INTERIM FINAL RULES.— 
‘‘(i) IN GENERAL.—If an agency for 
good cause finds that compliance with sub-
section (c), (d), or (e)(2)(B) before issuing 
a final rule is impracticable or contrary to 
the public interest, the agency shall issue 
an interim final rule by— 
‘‘(I) publishing the interim final 
rule and a request for public comment 
in the portion of the Federal Register 
relating to final rules; and 
‘‘(II) providing a cross-reference 
in the portion of the Federal Register 
relating to proposed rules that re-
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‘‘(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. 
‘‘(g) DATE OF PUBLICATION.—A final rule, a direct 
final rule described in subsection (f)(3)(B), or an interim 
final rule described in subsection (f)(3)(C) shall be pub-
lished not later than 30 days (or, in the case of a major 
rule, not later than 60 days) before the effective date of 
the rule, except— 
‘‘(1) for guidance; or 
‘‘(2) as otherwise provided by an agency for 
good cause and as published with the rule. 
‘‘(h) RIGHT TO PETITION AND REVIEW OF RULES.— 
Each agency shall— 
‘‘(1) give interested persons the right to petition 
for the issuance, amendment, or repeal of a rule; 
and 
‘‘(2) on a continuing basis, invite interested 
persons to submit, by electronic means, suggestions 
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for rules that warrant retrospective review and pos-
sible modification or repeal. 
‘‘(i) RULEMAKING GUIDELINES.— 
‘‘(1) ASSESSMENT OF RULES.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall establish guidelines regarding rulemaking 
as follows: 
‘‘(i) IDENTIFICATION
OF
NEED
FOR 
RULES.—Guidelines 
setting 
forth 
how 
needs for rulemaking should be identified, 
including— 
‘‘(I) whether rulemaking is made 
necessary by compelling public need, 
such as material failures of private 
markets or public institutions to 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 
that could be taken in lieu of agency 
action. 
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‘‘(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, rural 
populations, and low-income popu-
lations; 
‘‘(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. 
‘‘(iii) NUMBERS OF ALTERNATIVES.— 
Guidelines regarding when it may be rea-
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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 RULES.—Guidelines regarding 
when it may be appropriate, in a rule-
making for a major rule, to adopt an alter-
native 
final 
rule 
under 
subsection 
(e)(1)(B). 
‘‘(v) 
ADMINISTRATOR
REVIEW.— 
Guidelines regarding the efficient submis-
sion and review of proposed and final rules 
under subsections (c)(1) and (e)(2). 
‘‘(B) AGENCY ANALYSIS OF RULES.— 
‘‘(i) IN GENERAL.—The rigor of the 
cost-benefit 
analysis 
required 
or 
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 
described in subparagraph (A)(iv) shall in-
clude criteria for— 
‘‘(I) selecting studies and models; 
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‘‘(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, 
other regulations of the agency and those 
of other agencies; and 
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‘‘(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 
issue guidelines to ensure that rulemaking con-
ducted 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 al-
lowed by law. 
‘‘(B) AGENCY
ADOPTION
OF
REGULA-
TIONS.—Each agency shall adopt regulations 
for the conduct of hearings consistent with the 
guidelines issued under this paragraph. 
‘‘(j) AGENCY GUIDANCE; PROCEDURES TO ISSUE 
MAJOR GUIDANCE; AUTHORITY TO ISSUE GUIDELINES 
FOR ISSUANCE OF GUIDANCE.— 
‘‘(1) IN GENERAL.—Agency guidance shall— 
‘‘(A) not be used by an agency to foreclose 
consideration of issues as to which the guidance 
expresses a conclusion; 
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‘‘(B) state that the guidance is not legally 
binding by including the phrase ‘The contents 
of this document do not have the force and ef-
fect of law and do not, of themselves, bind the 
public or the agency. This document is intended 
only to provide clarity to the public regarding 
existing requirements under the law or agency 
policies.’ on the first page of the document; and 
‘‘(C) be published in a single location on 
an internet website designated by the Director 
at the time the guidance is issued. 
‘‘(2) PROCEDURES
TO
ISSUE
MAJOR
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 
such guidance and assures that such benefits 
justify such costs. 
‘‘(3) ISSUANCE OF UPDATED GUIDANCE.— 
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‘‘(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. 
‘‘(k) MAJOR RULE FRAMEWORKS.— 
‘‘(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date of enactment of this sub-
section, when an agency publishes in the Federal 
Register— 
‘‘(A) a proposed major rule, the agency 
shall include a potential framework for assess-
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ing the rule, which shall include a general state-
ment of how the agency intends to measure the 
effectiveness of the rule; or 
‘‘(B) a final major rule, the agency shall 
include a framework for assessing the rule 
under paragraph (2), which shall include— 
‘‘(i) a clear statement of the regu-
latory objectives of the rule, including a 
summary of the expected and predicted 
benefits and costs 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 
‘‘(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 
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review process and seek input from other 
agencies; and 
‘‘(iv) a specific timeframe, as appro-
priate to measure the full impact of the 
rule but not more than 10 years after the 
effective date of the rule, under which the 
agency shall conduct the assessment of the 
rule in accordance with paragraph (2)(A). 
‘‘(2) ASSESSMENT.— 
‘‘(A) IN GENERAL.—Each agency shall 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 to better determine whether the 
regulatory objective was achieved, with respect 
to the rule— 
‘‘(i) to analyze how the actual benefits 
and costs of the rule may have varied from 
those anticipated at the time the rule was 
issued; and 
‘‘(ii) to determine whether— 
‘‘(I) the rule is accomplishing the 
regulatory objective of the rule; 
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‘‘(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 
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-
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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 under subparagraph (A), 
an agency determines that the rule will re-
main in effect with or without modifica-
tion, the agency shall— 
‘‘(I) determine a specific time, as 
appropriate to the rule and not more 
than 10 years after the date on which 
the agency completes the assessment, 
under which the agency shall conduct 
another assessment of the rule in 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-
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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 under sub-
paragraph (A), the agency shall publish a notice 
of availability of the results of the assessment 
in the Federal Register, including the specific 
time for any subsequent assessment of the rule 
under subparagraph (C)(i), if applicable. 
‘‘(3) OIRA OVERSIGHT.—The Administrator 
shall— 
‘‘(A) issue guidance for agencies regarding 
the development of the framework under para-
graph (1) and the conduct of the assessments 
under paragraph (2)(A); 
‘‘(B) oversee the timely compliance of 
agencies with this subsection; 
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‘‘(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 with 
similar or related regulatory objectives; 
‘‘(E) exempt an agency from including the 
framework required under paragraph (1)(B) 
when publishing a final major rule if the Ad-
ministrator determines that compliance with 
paragraph (1)(B) is unnecessary, impracticable, 
or contrary to the public interest, as described 
in subsection (f)(3)(A)(i); and 
‘‘(F) extend the deadline specified by an 
agency for an assessment of a major rule under 
paragraph (1)(B)(iv) or paragraph (2)(C)(i)(I) 
for a period of not more than 90 days if the 
agency justifies why the agency is unable to 
complete the assessment by that deadline. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to affect— 
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‘‘(A) the authority of an agency to assess 
or modify a major rule of the agency earlier 
than the end of the timeframe specified for the 
rule under paragraph (1)(B)(iv); or 
‘‘(B) any other provision of law that 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 of an agency— 
‘‘(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; 
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‘‘(iii) routine and administrative rules; 
or 
‘‘(iv) a rule that is reviewed under 
section 2222 of the Economic Growth and 
Regulatory Paperwork Reduction Act of 
1996 (12 U.S.C. 3311). 
‘‘(B) DIRECT AND INTERIM FINAL MAJOR 
RULE.—In the case of a major rule of an agen-
cy for which the agency is not required to issue 
a notice of proposed rulemaking in response to 
an emergency or a statutorily imposed deadline, 
the agency shall publish the framework required 
under paragraph (1)(B) in the Federal Register 
not later than 180 days after the date on which 
the agency publishes the rule. 
‘‘(6) RECOMMENDATIONS
TO
CONGRESS.—If, 
under an assessment conducted under paragraph 
(2), an agency determines that a major rule should 
be modified or repealed, the agency may submit to 
Congress recommendations for legislation to amend 
applicable provisions of law if the agency is prohib-
ited from modifying or repealing the rule under an-
other provision of law. 
‘‘(7) JUDICIAL REVIEW.— 
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‘‘(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 in accordance 
with paragraph (1); or 
‘‘(ii) completed and published the re-
quired assessment of a major rule in ac-
cordance with subparagraphs (A) and (D) 
of paragraph (2). 
‘‘(B) REMEDY
AVAILABLE.—In granting 
relief in an action brought under subparagraph 
(A), a court may only issue an order remanding 
the major rule to the agency to comply with 
paragraph (1) or subparagraph (A) or (D) of 
paragraph (2), as applicable. 
‘‘(C) EFFECTIVE DATE OF MAJOR RULE.— 
If, in an action brought under subparagraph 
(A)(i), a court determines that the agency did 
not comply, the major rule shall take effect not-
withstanding any order issued by the court. 
‘‘(l) AUTHORITIES AND RESPONSIBILITIES OF THE 
OFFICE OF INFORMATION AND REGULATORY AFFAIRS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide meaningful guidance and oversight, which 
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may include review by the Office of Information and 
Regulatory Affairs, to ensure that each agency 
issues rules in accordance with the requirements 
under this section and other applicable law and do 
not conflict with the policies or actions of another 
agency. 
‘‘(2) NOTIFICATION.—If the Administrator de-
termines that a major rule of an agency does not 
comply with the principles and requirements of this 
section, is not consistent with other applicable laws, 
or conflicts with the policies or actions of another 
agency, the Administrator shall— 
‘‘(A) identify areas of noncompliance; 
‘‘(B) notify the agency; and 
‘‘(C) request that the agency comply before 
the agency finalizes the major rule concerned. 
‘‘(3) ANNUAL
STATEMENT
TO
CONGRESS
ON 
AGENCY
COMPLIANCE.—The Administrator shall 
submit to Congress, including the Committee on 
Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Ac-
countability of the House of Representatives, an an-
nual written report that, for the 1-year period pre-
ceding the report— 
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‘‘(A) details compliance by each agency 
with the requirements of this section that relate 
to major rules, including activities undertaken 
at the request of the Administrator to improve 
compliance; and 
‘‘(B) contains an appendix detailing com-
pliance by each agency. 
‘‘(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— 
(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; 
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(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘, or, 
when appropriate, remand a matter to an agen-
cy without setting aside,’’ after ‘‘set aside’’; and 
(C) by striking the flush text following 
paragraph (2)(F) and inserting the following: 
‘‘(b) REVIEW
OF ENTIRE RECORD; PREJUDICIAL 
ERROR.—In making a determination under subsection (a), 
the court shall review the whole record or those parts of 
the record cited by a party, and due account shall be taken 
of the rule of prejudicial error. 
‘‘(c) PRECLUSION OF REVIEW.— 
‘‘(1) IN GENERAL.—Any action or inaction of 
the Administrator under subchapter II of chapter 5, 
except sections 552 and 552a, shall not be subject 
to judicial review. 
‘‘(2) RULE OF CONSTRUCTION.—The preclusion 
of judicial review under this subsection shall not be 
construed or used to construe any other provision of 
law to provide any cause of action against the 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.— 
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‘‘(1) STANDARD OF REVIEW.—Unless expressly 
required otherwise by statute, the reviewing court 
shall decide all questions of law de novo, with due 
regard for the views of the agency administering the 
statute and any other agency involved in the decision 
making process. 
‘‘(2) WEIGHT.—The weight that a reviewing 
court gives an interpretation by an agency of a rule 
of that agency shall depend on the thoroughness evi-
dent in the consideration of the rule by the agency, 
the validity of the reasoning of the agency, and the 
consistency of the interpretation with earlier and 
later pronouncements.’’. 
SEC. 5. ADDED DEFINITIONS. 
Section 701(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (1)(H), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (2)— 
(A) by inserting ‘‘ ‘guidance’,’’ after ‘‘ ‘re-
lief’,’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(3) ‘substantial evidence’ means such relevant 
evidence, including the quality, as a reasonable mind 
might accept as adequate to support a conclusion in 
light of the record considered as a whole.’’. 
SEC. 6. APPLICATION. 
The amendments made by this Act to sections 553, 
701(b), and 706 of title 5, United States Code, shall not 
apply to any rulemaking, as defined in section 551 of title 
5, United States Code, as amended by section 2 of this 
Act, that is pending or completed as of the date of 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. 
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.—The Antarctic Marine Living 
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Resources Convention Act of 1984 (16 U.S.C. 2431 et 
seq.) is amended— 
(1) 
in 
section 
307(b)(1) 
(16 
U.S.C. 
2436(b)(1)), by striking ‘‘subsections (b), (c), and 
(d)’’ and inserting ‘‘subsections (c) and (g)’’; and 
(2) in section 308(c), in the third sentence, by 
striking ‘‘section 706(2)(E)’’ and inserting ‘‘section 
706(a)(2)(E)’’. 
(c) ATLANTIC TUNAS CONVENTION ACT OF 1975.— 
Section 6(c)(2)(B) of the Atlantic Tunas Convention Act 
of 1975 (16 U.S.C. 971d(c)(2)(B)) is amended by striking 
‘‘subsections (b) and (c) of section 553’’ and inserting 
‘‘section 553(c)’’. 
(d) CARES ACT.—Section 1114 of the CARES Act 
(15 U.S.C. 9012) is amended by striking ‘‘section 553(b)’’ 
and inserting ‘‘section 553(c)’’. 
(e) CLEAN AIR ACT.—Section 307(d)(3) of the Clean 
Air Act (42 U.S.C. 7607(d)(3)) is amended by striking 
‘‘section 553(b)’’ and inserting ‘‘section 553(c)’’. 
(f) CONGRESSIONAL
ACCOUNTABILITY
ACT
OF 
1995.—The Congressional Accountability Act of 1995 (2 
U.S.C. 1301 et seq.) is amended— 
(1) in section 303(b) (2 U.S.C. 1383(b)), in the 
second sentence, by striking ‘‘section 553(b)’’ and 
inserting ‘‘section 553(c)’’; 
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(2) in section 304 (2 U.S.C. 1384)— 
(A) in subsection (b)(1), by striking ‘‘sec-
tion 553(b)’’ and inserting ‘‘section 553(c)’’; 
(B) in subsection (d)(3), by striking ‘‘sec-
tion 
553(d)(3)’’ 
and 
inserting 
‘‘section 
553(g)(2)’’; and 
(C) in subsection (e), by striking ‘‘section 
553(b)(B)’’ and inserting ‘‘section 553(f)’’; and 
(3) in section 409 (2 U.S.C. 1409), in the first 
sentence— 
(A) by striking ‘‘section 706(2)’’ and in-
serting ‘‘section 706(a)(2)’’; and 
(B) by striking ‘‘section 706(2)(B)’’ and 
inserting ‘‘section 706(a)(2)(B)’’. 
(g) CONSUMER PRODUCT SAFETY ACT.—Section 9(i) 
of the Consumer Product Safety Act (15 U.S.C. 2058(i)) 
is amended, in the first sentence, by striking ‘‘section 
553(e)’’ and inserting ‘‘section 553(h)’’. 
(h) DEEP SEABED HARD MINERAL RESOURCES 
ACT.—Section 302(b) of the Deep Seabed Hard Mineral 
Resources Act (30 U.S.C. 1462(b)) is amended, in the 
third sentence, by striking ‘‘section 706(2)(E)’’ and in-
serting ‘‘section 706(a)(2)(E)’’. 
(i) DEFENSE PRODUCTION ACT OF 1950.—Section 
709(b)(1) of the Defense Production Act of 1950 (50 
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striking ‘‘Notwithstanding the exception provided under 
section 553(b) of title 5, such’’ and inserting ‘‘Such’’. 
(t) 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)’’. 
(u) HIGHER EDUCATION ACT
OF 1965.—Section 
492(b)(2) of the Higher Education Act of 1965 (20 
U.S.C. 1098a(b)(2)) is amended by striking ‘‘section 
553(b)(3)(B)’’ and inserting ‘‘section 553(f)(3)’’. 
(v) 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), (f)(3), and (g)(2) of 
such section)’’; and 
(2) in section 685 (42 U.S.C. 13643), in the 
second sentence, by striking ‘‘(notwithstanding sub-
sections (a)(2), (b)(B), and (d)(3) of such section)’’ 
and inserting ‘‘(notwithstanding subsections (a)(2), 
(f)(3), and (g)(2) of such section)’’. 
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(w) INTERCOUNTRY ADOPTION ACT OF 2000.—The 
Intercounty Adoption Act of 2000 (42 U.S.C. 14901 et 
seq.) is amended— 
(1) 
in 
section 
203(a)(3) 
(42 
U.S.C. 
14923(a)(3)), by striking ‘‘Subsections (b), (c), and 
(d) of section’’ and inserting ‘‘Section 553’’; and 
(2) 
in 
section 
401(a)(2) 
(42 
U.S.C. 
14941(a)(2)), by striking ‘‘Subsections (b), (c), and 
(d) of section’’ and inserting ‘‘Section 553’’. 
(x) 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)’’. 
(y) 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)’’. 
(z) 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’’ 
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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 (g) of such 
section 553’’. 
(aa) 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), (f)(3), and (g)(2) of 
such section)’’. 
(bb) MIGRANT
AND
SEASONAL
AGRICULTURAL 
WORKER PROTECTION ACT.—The Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1801 et 
seq.) is amended— 
(1) in section 103(c) (29 U.S.C. 1813(c)), in 
the third sentence, by striking ‘‘section 706(2)(E)’’ 
and inserting ‘‘section 706(a)(2)(E)’’; and 
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(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)’’. 
(cc) 
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(45 U.S.C. 915), by striking 
‘‘sections 706(2)(A), 706(2)(B), 706(2)(C), and 
706(2)(D) of title 5 of the United States Code’’ each 
place it appears and inserting ‘‘subparagraphs (A), 
(B), (C), and (D) of section 706(a)(2) of title 5, 
United States Code’’. 
(dd) NATIVE AMERICAN PROGRAMS ACT OF 1974.— 
Section 814 of the Native American Programs Act of 1974 
(42 U.S.C. 2992b–1) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘Subpara-
graph (A) of the last sentence of section 553(b) 
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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(f)(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)— 
(A) in the matter preceding paragraph 
(1)— 
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(i) by striking ‘‘section 553(d)’’ and 
inserting ‘‘section 553(g)’’; and 
(ii) by striking ‘‘an interpretative 
rule) or general statement of policy’’ and 
inserting ‘‘guidance)’’; and 
(B) in the flush text following paragraph 
(2), by striking ‘‘the first 2 sentences of section 
553(b)’’ and inserting ‘‘section 553(c)’’; 
(3) in subsection (d), by striking ‘‘an 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 
(6) by adding at the end the following: 
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‘‘(g) In this section, the term ‘guidance’ has the 
meaning given the term in section 551 of title 5, United 
States Code.’’. 
(ee) NATURAL GAS POLICY ACT OF 1978.—Section 
502(b) of the Natural Gas Policy Act of 1978 (15 U.S.C. 
3412(b)) is amended, in the third sentence, by striking 
‘‘section 553(d)(3)’’ and inserting ‘‘section 553(g)(2)’’. 
(ff) 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)’’. 
(gg) 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’’. 
(hh) 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)’’. 
(ii) OCEAN THERMAL ENERGY CONVERSION ACT OF 
1980.—Section 302(c)(2) of the Ocean Thermal Energy 
Conversion Act of 1980 (42 U.S.C. 9152(c)(2)) is amend-
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ed by striking ‘‘section 706(2)’’ and inserting ‘‘section 
706(a)(2)’’. 
(jj) 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 (f)(3) of such section,’’; and 
(B) in subsection (b)— 
(i) by striking ‘‘of the United States 
Code’’ each place that term appears and 
inserting ‘‘, United States Code’’; and 
(ii) in paragraph (3), in the first 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)’’. 
(kk) POULTRY PRODUCTS INSPECTION ACT.—Sec-
tion 14(c) of the Poultry Products Inspection Act (21 
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U.S.C. 463(c)) is amended by striking ‘‘section 553(c) of 
title 5, United States Code’’ and inserting ‘‘section 
553(c)(4) of title 5, United States Code,’’. 
(ll) 
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)’’. 
(mm) RAILWAY LABOR ACT.—Section 10A(b) of the 
Railway Labor Act (45 U.S.C. 160a(b)) is amended by 
striking ‘‘the third sentence of section 553(b)’’ and insert-
ing ‘‘paragraph (2) or (3) of section 553(f)’’. 
(nn) 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)’’. 
(oo) REHABILITATION
ACT
OF
1973.—Section 
107(d)(3)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 
727(d)(3)(B)) is amended by striking ‘‘section 706’’ and 
inserting ‘‘section 706(a)’’. 
(pp) REORGANIZATION PLAN NO. 1 OF 1980.—Sec-
tion 1(a)(2) of the Reorganization Plan No. 1 of 1980 (94 
Stat. 3585; 5 U.S.C. App.) is amended by striking ‘‘sec-
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tion 553(a)(2) and (b)’’ and inserting ‘‘subsections (a)(2) 
and (c) of section 553’’. 
(qq) RURAL DEVELOPMENT ACT OF 1972.—Section 
608(a) of the Rural Development Act of 1972 (7 U.S.C. 
2204b–2) is amended by striking ‘‘section 553(b)(3)(B)’’ 
and inserting ‘‘section 553(f)(3)’’. 
(rr) 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(f)(2) of title 5, United States Code, of 
guidance or rules of agency organization, procedure, 
or practice relating to consultative examinations if 
such guidance and rules’’; 
(2) in section 410(c)(2) (42 U.S.C. 610(c)(2)), 
by striking ‘‘section 706(2)’’ and inserting ‘‘section 
706(a)(2)’’; and 
(3) 
in 
section 
1871(b)(2) 
(42 
U.S.C. 
1395hh(b)(2)), by striking subparagraph (C) and in-
serting the following: 
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‘‘(C) subsection (c) of section 553 of title 
5, United States Code, does not apply pursuant 
to subsection (f)(3) of such section.’’. 
(ss) 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)’’. 
(tt) 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)’’. 
(uu) TITLE 5, UNITED STATES CODE.—Title 5, 
United States Code, is amended— 
(1) in section 552a— 
(A) in subsection (j)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘sections 553(b)(1), (2), 
and (3), (c), and (e)’’ and inserting 
‘‘clauses (i), (ii), and (iii) of section 
553(c)(1)(C), section 553(c)(4), and sec-
tion 553(h)’’; and 
(ii) in the matter following paragraph 
(2), by striking ‘‘section 553(c)’’ and in-
serting ‘‘section 553(c)(4)’’; and 
(B) in subsection (k)— 
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(i) in the matter preceding paragraph 
(1), by striking ‘‘sections 553(b)(1), (2), 
and (3), (c), and (e)’’ and inserting 
‘‘clauses (i), (ii), and (iii) of section 
553(c)(1)(C), section 553(c)(4), and sec-
tion 553(h)’’; and 
(ii) in the matter following paragraph 
(7), by striking ‘‘section 553(c)’’ and in-
serting ‘‘section 553(c)(4)’’; 
(2) in section 556(d), in the sixth sentence, by 
striking ‘‘rule making’’ and inserting ‘‘rulemaking’’; 
(3) in section 557(b), in the fourth sentence of 
the matter preceding paragraph (1), by striking 
‘‘rule making’’ and inserting ‘‘rulemaking’’; 
(4) 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’’; 
(5) in section 601(2), by striking ‘‘section 
553(b)’’ and inserting ‘‘section 553(c)’’; 
(6) in section 1103(b)(1), by striking ‘‘section 
553(b)(1), (2), and (3)’’ and inserting ‘‘section 
553(c)’’; and 
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(7) in section 1105, by striking ‘‘subsections 
(b), (c), and (d)’’ and inserting ‘‘subsections (b) 
through (g) and (i)’’. 
(vv) 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’’. 
(ww) 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)’’. 
(xx) TITLE 28, UNITED STATES CODE.—Section 
3902 of title 28, United States Code, is amended, in the 
first sentence, by striking ‘‘section 706(2)’’ and inserting 
‘‘section 706(a)(2)’’. 
(yy) TITLE 41, UNITED STATES CODE.—Section 
8503(a)(2) of title 41, United States Code, is amended 
by striking ‘‘section 553(b) to (e)’’ and inserting ‘‘section 
553’’. 
(zz) TITLE 46, UNITED STATES CODE.—Title 46, 
United States Code, is amended— 
(1) in section 14104(b), in the second sentence, 
by striking ‘‘shall be considered to be an interpretive 
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by striking ‘‘section 706(1)’’ and inserting ‘‘section 
706(a)(1)’’. 
(ddd) UNITED STATES HOUSING ACT OF 1937.— 
Section 31(d) of the United States Housing Act of 1937 
(42 U.S.C. 1437z–3(d)) is amended by striking ‘‘(b)(B), 
and (d)(3)’’ and inserting ‘‘(f)(3), and (g)(2)’’. 
(eee) 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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