Us Congress House Bill HB442 Introduced / Bill

                    I 
118THCONGRESS 
1
STSESSION H. R. 442 
To improve agency rulemaking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY20, 2023 
Ms. V
ANDUYNEintroduced 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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Regulatory Account-4
ability Act’’. 5
SEC. 2. DEFINITIONS. 6
Section 551 of title 5, United States Code, is amend-7
ed— 8
(1) in paragraph (5), by striking ‘‘rule making’’ 9
and inserting ‘‘rulemaking’’; 10
(2) in paragraph (6), by striking ‘‘rule making’’ 11
and inserting ‘‘rulemaking’’; 12
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(3) in paragraph (13), by striking ‘‘and’’ at the 1
end; 2
(4) in paragraph (14), by striking the period at 3
the end and inserting a semicolon; and 4
(5) by adding at the end the following: 5
‘‘(15) ‘guidance’ means an agency statement of 6
general applicability that— 7
‘‘(A) is not intended to have the force and 8
effect of law; and 9
‘‘(B) sets forth a policy on a statutory, 10
regulatory, or technical issue or an interpreta-11
tion of a statutory or regulatory issue; 12
‘‘(16) ‘high-impact rule’ means any rule that 13
the Administrator determines is likely to cause an 14
annual effect on the economy of $500,000,000 or 15
more, adjusted once every 5 years to reflect in-16
creases in the Consumer Price Index for All Urban 17
Consumers, as published by the Bureau of Labor 18
Statistics of the Department of Labor; 19
‘‘(17) ‘major guidance’ means guidance that the 20
Administrator finds is likely to lead to— 21
‘‘(A) an annual effect on the economy of 22
$100,000,000 or more, adjusted once every 5 23
years to reflect increases in the Consumer Price 24
Index for All Urban Consumers, as published 25
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by the Bureau of Labor Statistics of the De-1
partment of Labor; 2
‘‘(B) a major increase in costs or prices for 3
consumers, individual industries, Federal, 4
State, local, or Tribal government agencies, or 5
geographic regions; or 6
‘‘(C) significant adverse effects on competi-7
tion, employment, investment, productivity, in-8
novation, public health and safety, or the ability 9
of United States-based enterprises to compete 10
with foreign-based enterprises in domestic and 11
export markets; 12
‘‘(18) ‘major rule’ means any rule that the Ad-13
ministrator determines is likely to cause— 14
‘‘(A) an annual effect on the economy of 15
$100,000,000 or more, adjusted once every 5 16
years to reflect increases in the Consumer Price 17
Index for All Urban Consumers, as published 18
by the Bureau of Labor Statistics of the De-19
partment of Labor; 20
‘‘(B) a major increase in costs or prices for 21
consumers, individual industries, Federal, 22
State, local, or Tribal government agencies, or 23
geographic regions; or 24
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‘‘(C) significant adverse effects on competi-1
tion, employment, investment, productivity, in-2
novation, public health and safety, or the ability 3
of United States-based enterprises to compete 4
with foreign-based enterprises in domestic and 5
export markets; 6
‘‘(19) ‘Office of Information and Regulatory Af-7
fairs’ means the office established under section 8
3503 of title 44 and any successor to that office; 9
and 10
‘‘(20) ‘Administrator’ means the Administrator 11
of the Office of Information and Regulatory Af-12
fairs.’’. 13
SEC. 3. RULEMAKING. 14
Section 553 of title 5, United States Code, is amend-15
ed— 16
(1) in the section heading, by striking ‘‘Rule 17
making’’ and inserting ‘‘Rulemaking’’; 18
(2) in subsection (a), by striking ‘‘(a) This sec-19
tion applies’’ and inserting the following: 20
‘‘(a) A
PPLICABILITY.—This section applies’’; and 21
(3) by striking subsections (b) through (e) and 22
inserting the following: 23
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‘‘(b) RULEMAKING CONSIDERATIONS.—In a rule-1
making, an agency shall consider, in addition to other ap-2
plicable considerations, the following: 3
‘‘(1) The legal authority under which a rule 4
may be proposed, including whether rulemaking is 5
required by statute or is within the discretion of the 6
agency. 7
‘‘(2) The nature and significance of the problem 8
the agency intends to address with a rule. 9
‘‘(3) Whether existing Federal laws or rules 10
have created or contributed to the problem the agen-11
cy may address with a rule and, if so, whether those 12
Federal laws or rules could be amended or rescinded 13
to address the problem in whole or in part. 14
‘‘(4) A reasonable number of alternatives for or 15
to a new rule, with the consideration of 3 alter-16
natives presumed to be reasonable, that— 17
‘‘(A) meet the objectives of the statutory 18
provision on which the rulemaking relies, in-19
cluding substantial alternatives or other re-20
sponses identified by the agency or by inter-21
ested persons; and 22
‘‘(B) consider not only mandating par-23
ticular conduct or manners of compliance, but 24
also— 25
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‘‘(i) specifying performance objectives; 1
‘‘(ii) establishing economic incentives, 2
including marketable permits, to encourage 3
desired behavior; 4
‘‘(iii) establishing disclosure require-5
ments that will provide information upon 6
which choices can be made by the public; 7
or 8
‘‘(iv) adopting other means of meeting 9
the objectives of the statutory provision on 10
which the rulemaking relies without man-11
dating particular conduct or manners of 12
compliance. 13
‘‘(5) For any major rule or high-impact rule, 14
unless prohibited by law, the potential costs and 15
benefits associated with potential alternative rules 16
and other responses considered under paragraph (4), 17
including quantitative and qualitative analyses of— 18
‘‘(A) the direct costs and benefits; 19
‘‘(B) the nature and degree of risks ad-20
dressed by the rule and the countervailing risks 21
that might be posed by agency action; and 22
‘‘(C) to the extent practicable, the cumu-23
lative costs and benefits, and an analysis of the 24
effects that the rule is anticipated to have on 25
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entities that purchase products or services 1
from, sell products or services to, or otherwise 2
conduct business with entities to which the rule 3
will apply. 4
‘‘(c) N
OTICE OFPROPOSEDRULEMAKING.— 5
‘‘(1) I
N GENERAL.—If an agency determines 6
that the objectives of the agency require the agency 7
to issue a rule, the agency shall— 8
‘‘(A) submit a notice of proposed rule-9
making to the Administrator for review; 10
‘‘(B) refrain from publishing the notice 11
until the Administrator determines that review 12
by the Administrator has concluded; and 13
‘‘(C) at the conclusion of review by the Ad-14
ministrator, publish a notice of proposed rule-15
making in the Federal Register, which shall in-16
clude— 17
‘‘(i) a statement of the time, place, 18
and nature of any public rulemaking pro-19
ceedings; 20
‘‘(ii) a reference to the legal authority 21
under which the rule is proposed, including 22
the specific statutory provision on which 23
the rulemaking relies; 24
‘‘(iii) the text of the proposed rule; 25
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‘‘(iv) a summary of information 1
known to the agency concerning the con-2
siderations described in subsection (b); and 3
‘‘(v) where otherwise consistent with 4
applicable law, for any major rule or high- 5
impact rule— 6
‘‘(I) a reasoned preliminary ex-7
planation regarding how— 8
‘‘(aa) the proposed rule 9
meets the objectives of the statu-10
tory provision on which the rule-11
making relies; and 12
‘‘(bb) the benefits of the 13
proposed rule justify the costs; 14
‘‘(II) a discussion of— 15
‘‘(aa) the costs and benefits 16
of alternatives considered by the 17
agency under subsection (b)(4); 18
‘‘(bb) whether the alter-19
natives considered by the agency 20
under subsection (b)(4) meet the 21
objectives of the statutory provi-22
sion on which the rulemaking re-23
lies; and 24
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‘‘(cc) the reasons why the 1
agency did not propose an alter-2
native considered by the agency 3
under subsection (b)(4); and 4
‘‘(III) a solicitation of public 5
comment, including on all issues and 6
alternatives discussed under sub-7
clauses (I) and (II) and subsection 8
(l)(1)(A). 9
‘‘(2) A
CCESSIBILITY.— 10
‘‘(A) I
N GENERAL.—Not later than the 11
date on which an agency publishes a notice of 12
proposed rulemaking under paragraph (1), all 13
studies, models, scientific literature, and other 14
information developed or relied upon by the 15
agency, and actions taken by the agency to ob-16
tain that information, in connection with the 17
determination of the agency to propose the rule 18
that is the subject of the rulemaking shall be 19
placed in the docket for the proposed rule and 20
made accessible to the public. 21
‘‘(B) I
NFORMATION CONTROLLED BY NON -22
GOVERNMENTAL PERSON .—With respect to any 23
information to which a nongovernmental person 24
holds a legal right to prohibit or limit reproduc-25
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tion, distribution, or public display, the infor-1
mation shall be— 2
‘‘(i) placed in the docket through cita-3
tion or incorporation by reference, includ-4
ing a specification of the identity of the 5
nongovernmental person who holds a legal 6
right to prohibit or limit reproduction, dis-7
tribution, or public display of the informa-8
tion and the means by which a member of 9
the public may request a full copy of the 10
information from that holder; and 11
‘‘(ii) considered made accessible to the 12
public after a placement described in 13
clause (i), provided that the nongovern-14
mental person who holds a legal right to 15
prohibit or limit reproduction, distribution, 16
or public display of the information makes 17
the information reasonably available upon 18
request in a timely manner to any member 19
of the public who requests a copy of the in-20
formation. 21
‘‘(C) E
XCEPTION.—Subparagraphs (A) 22
and (B) shall not apply with respect to informa-23
tion that is exempt from disclosure under sec-24
tion 552(b). 25
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‘‘(3) INFORMATION QUALITY .—If an agency 1
proposes a rule that rests upon scientific, technical, 2
or economic information, the agency shall— 3
‘‘(A) propose the rule on the basis of the 4
best reasonably available scientific, technical, or 5
economic information; and 6
‘‘(B) to the maximum extent practicable, 7
use that information in compliance with the 8
guidelines issued under section 515 of the 9
Treasury and General Government Appropria-10
tions Act, 2001 (Public Law 106–554; 114 11
Stat. 2763A–154). 12
‘‘(4) P
UBLIC COMMENT.— 13
‘‘(A) I
N GENERAL.—After publishing a no-14
tice of proposed rulemaking under paragraph 15
(1), an agency shall provide interested persons 16
an opportunity to participate in the rulemaking 17
through the submission of written material, 18
data, views, or arguments with or without op-19
portunity for oral presentation, except that— 20
‘‘(i) if a public hearing is convened 21
under subsection (e), reasonable oppor-22
tunity for oral presentation shall be pro-23
vided at the public hearing as provided in 24
subsection (e); and 25
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‘‘(ii) when, other than as provided in 1
subsection (e), a rule is required by statute 2
to be made on the record after opportunity 3
for an agency hearing— 4
‘‘(I) sections 556 and 557 shall 5
apply; and 6
‘‘(II) the petition procedures of 7
subsection (e) shall not apply. 8
‘‘(B) T
IMELINE.— 9
‘‘(i) I
N GENERAL.—Subject to sub-10
paragraph (C), an agency shall provide not 11
less than 60 days, or, with respect to a 12
proposed major rule or a proposed high-im-13
pact rule, not less than 90 days, for inter-14
ested persons to submit written material, 15
data, views, or arguments under subpara-16
graph (A). 17
‘‘(ii) A
DEQUATE REVIEW PERIOD .—If 18
a proposed rule relies on information 19
placed in the docket through citation or in-20
corporation by reference as described in 21
paragraph (3)(B), the comment period re-22
quired under clause (i) shall be adequate 23
to allow interested persons to receive and 24
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review that information to inform their 1
submission. 2
‘‘(C) R
ESPONSIVE COMMENT PERIOD FOR 3
MAJOR AND HIGH -IMPACT RULES.—With re-4
spect to a proposed major rule or a proposed 5
high-impact rule, an interested person who 6
made a submission under subparagraph (A) 7
during the comment period under subparagraph 8
(B) with respect to the rule may, during the pe-9
riod beginning on the day after the date on 10
which that comment period closes and ending 11
on the date that is 30 days after that day, re-12
spond to any other submission made by any 13
other interested person under subparagraph (A) 14
during the initial comment period. 15
‘‘(D) A
CCESSIBILITY.—All comments and 16
responses submitted under this paragraph shall 17
be promptly placed in the docket and made ac-18
cessible to the public. 19
‘‘(5) C
HANGE OF CLASSIFICATION AFTER PUB -20
LICATION OF NOTICE.—If, after an agency submits 21
for review and publishes the notice of proposed rule-22
making required under paragraph (1), a proposed 23
rule is determined to be a major rule or a high-im-24
pact rule, the agency shall— 25
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‘‘(A) publish a notice in the Federal Reg-1
ister with respect to the change of the classi-2
fication of the rule; and 3
‘‘(B) allow interested persons an additional 4
opportunity of not less than 30 days to com-5
ment on— 6
‘‘(i) the rule; and 7
‘‘(ii) the change of the classification of 8
the rule. 9
‘‘(6) P
ROHIBITION ON CERTAIN COMMUNICA -10
TIONS.— 11
‘‘(A) I
N GENERAL.—Except as provided in 12
subparagraph (B), after an agency publishes a 13
notice of proposed rulemaking required under 14
paragraph (1), or after an agency publishes a 15
notice of initiation of rulemaking under sub-16
section (d)(1)(B), the agency, and any indi-17
vidual acting in an official capacity on behalf of 18
the agency, may not communicate, and a person 19
who receives Federal funds from the agency 20
may not use those funds to communicate, 21
through written, oral, electronic, or other 22
means, to the public with respect to the pro-23
posed rule in a manner that— 24
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‘‘(i) directly advocates, in support of 1
or against the proposed rule, for the sub-2
mission of information that will form part 3
of the record for the proposed rule; 4
‘‘(ii) appeals to the public, or solicits 5
a third party, to undertake advocacy in 6
support of or against the proposed rule; or 7
‘‘(iii) is directly or indirectly for the 8
purpose of publicity or propaganda within 9
the United States in a manner that Con-10
gress has not authorized. 11
‘‘(B) E
XCEPTION.—The prohibition under 12
subparagraph (A) shall not apply to a commu-13
nication that requests comments on, or provides 14
information regarding, a proposed rule in an 15
impartial manner. 16
‘‘(d) I
NITIATION OFRULEMAKING FOR MAJOR AND 17
H
IGH-IMPACTRULES.— 18
‘‘(1) N
OTICE FOR MAJOR AND HIGH -IMPACT 19
RULES.—When an agency determines to initiate a 20
rulemaking that may result in a major rule or a 21
high-impact rule, the agency shall— 22
‘‘(A) establish an electronic docket for that 23
rulemaking, which may have a physical counter-24
part; and 25
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‘‘(B) publish a notice of initiation of rule-1
making in the Federal Register, which shall— 2
‘‘(i) briefly describe the subject and 3
objectives of, and the problem to be solved 4
by, the rule; 5
‘‘(ii) refer to the legal authority under 6
which the rule would be proposed, includ-7
ing the specific statutory provision that au-8
thorizes the rulemaking; 9
‘‘(iii) invite interested persons to pro-10
pose alternatives and other ideas regarding 11
how best to accomplish the objectives of 12
the agency in the most effective manner; 13
‘‘(iv) indicate how interested persons 14
may submit written material for the dock-15
et; and 16
‘‘(v) appear in the Federal Register 17
not later than 90 days before the date on 18
which the agency publishes a notice of pro-19
posed rulemaking for the rule. 20
‘‘(2) A
CCESSIBILITY.—All information provided 21
to the agency under paragraph (1) shall be promptly 22
placed in the docket and made accessible to the pub-23
lic, unless the information— 24
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‘‘(A) is information to which the submitter 1
does not hold a legal right to authorize disclo-2
sure; or 3
‘‘(B) is exempt from disclosure under sec-4
tion 552(b). 5
‘‘(3) A
PPLICABILITY.—With respect to the al-6
ternatives and other ideas proposed under paragraph 7
(1)(B)(iii)— 8
‘‘(A) the alternatives and other ideas are 9
for the benefit of— 10
‘‘(i) the agency receiving the alter-11
natives and other ideas; and 12
‘‘(ii) the public; and 13
‘‘(B) the agency receiving the alternatives 14
and other ideas may respond to the alternatives 15
and other ideas. 16
‘‘(4) T
IMETABLE.— 17
‘‘(A) I
N GENERAL.—After considering any 18
written material submitted by interested per-19
sons under paragraph (1), if an agency deter-20
mines to proceed with a rulemaking for a major 21
rule or a high-impact rule, the agency proposing 22
the rule shall establish a timetable for the rule-23
making that— 24
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‘‘(i) contains intermediate completion 1
dates for actions of the agency, includ-2
ing— 3
‘‘(I) the anticipated date on 4
which the agency shall publish the no-5
tice required under subsection (c)(1) 6
with respect to the rule; and 7
‘‘(II) the duration of the com-8
ment period required under subsection 9
(c)(4), including the date on which the 10
comment period shall end; and 11
‘‘(ii) includes a final completion date 12
for actions by the agency. 13
‘‘(B) P
UBLICATION.—The timetable re-14
quired under subparagraph (A) shall be pub-15
lished in the electronic docket established under 16
paragraph (1)(A) with respect to the rule-17
making. 18
‘‘(C) C
ONSIDERATION OF FACTORS .—In 19
establishing the timetable required under sub-20
paragraph (A), an agency shall consider rel-21
evant factors, including— 22
‘‘(i) the size and complexity of the 23
rulemaking; 24
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‘‘(ii) the resources available to the 1
agency; 2
‘‘(iii) the national significance of the 3
rulemaking; and 4
‘‘(iv) all statutory requirements that 5
govern the timing of the rulemaking. 6
‘‘(D) R
EPORT REQUIRED.— 7
‘‘(i) I
N GENERAL.—An agency that 8
fails to meet an intermediate or final com-9
pletion date for an action established under 10
subparagraph (A) shall submit to Congress 11
and the Director of the Office of Manage-12
ment and Budget a report regarding why 13
the agency failed to meet the completion 14
date. 15
‘‘(ii) C
ONTENTS; PUBLICATION IN 16
FEDERAL REGISTER .—A report submitted 17
under clause (i) shall— 18
‘‘(I) include an amended time-19
table for the rulemaking; and 20
‘‘(II) be published— 21
‘‘(aa) in the Federal Reg-22
ister; and 23
‘‘(bb) in the electronic dock-24
et established under paragraph 25
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(1)(A) with respect to the rule-1
making. 2
‘‘(E) C
HANGES TO INTERMEDIATE DATES 3
PUBLISHED IN ELECTRONIC DOCKET .—If an 4
agency changes an intermediate completion date 5
for an action of the agency established under 6
subparagraph (A)(i), the agency shall publish in 7
the electronic docket established under para-8
graph (1)(A)— 9
‘‘(i) the updated completion date for 10
the action; and 11
‘‘(ii) a brief explanation regarding the 12
reason for the change to the completion 13
date. 14
‘‘(5) N
OTICE OF DETERMINATION OF OTHER 15
AGENCY COURSE.— 16
‘‘(A) I
N GENERAL.—If, after publishing 17
the notice required under paragraph (1), an 18
agency determines not to issue a major rule or 19
a high-impact rule, the agency shall— 20
‘‘(i) publish a notice of determination 21
of other agency course; and 22
‘‘(ii) if the agency intends to issue a 23
rule, comply with the procedures required 24
under subsection (c). 25
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‘‘(B) CONTENTS.—A notice of determina-1
tion of other agency course published under 2
subparagraph (A)(i) shall include— 3
‘‘(i) a description of the alternative re-4
sponse the agency has determined to 5
adopt; and 6
‘‘(ii) if the agency intends to issue a 7
rule, any information required under sub-8
section (c). 9
‘‘(e) P
UBLICHEARING FORHIGH-IMPACTRULES.— 10
‘‘(1) P
ETITION FOR PUBLIC HEARING .— 11
‘‘(A) I
N GENERAL.—Before the date on 12
which the comment period closes with respect to 13
a proposed high-impact rule, an interested per-14
son may petition the agency that proposed the 15
rule to hold a public hearing in accordance with 16
this subsection. 17
‘‘(B) G
RANTING AND DENIAL OF PETI -18
TION.— 19
‘‘(i) G
RANTING OF PETITION .—Not 20
later than 30 days after the date on which 21
an agency receives a petition submitted 22
under subparagraph (A) with respect to a 23
rule, the agency shall grant the petition, in 24
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whole or in part, if the petition shows 1
that— 2
‘‘(I) the proposed rule is based 3
on conclusions with respect to 1 or 4
more specific scientific, technical, eco-5
nomic, or other complex factual issues 6
that are genuinely disputed; 7
‘‘(II) with respect to a rule that 8
the agency is required to reissue not 9
less frequently than once every 3 10
years, the interested person submit-11
ting the petition could not have raised 12
the disputed factual issues described 13
in subclause (I) during the 5-year pe-14
riod preceding the date on which the 15
petition is submitted; and 16
‘‘(III) the resolution of the dis-17
puted factual issues described in sub-18
clause (I) would likely have an effect 19
on— 20
‘‘(aa) the costs and benefits 21
of the proposed rule; or 22
‘‘(bb) whether the proposed 23
rule achieves relevant statutory 24
objectives, including the objec-25
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tives of the statutory provision on 1
which the rulemaking relies. 2
‘‘(ii) D
ENIAL OF PETITION .—If an 3
agency denies a petition submitted under 4
subparagraph (A) in whole or in part, the 5
agency shall include in the rulemaking 6
record an explanation for the denial that is 7
sufficient for judicial review, including— 8
‘‘(I) findings by the agency 9
that— 10
‘‘(aa) there is no genuine 11
dispute as to the factual issues 12
raised by the petition; or 13
‘‘(bb) with respect to a rule 14
that the agency is required to re-15
issue not less frequently than 16
once every 3 years, the interested 17
person submitting the petition 18
could have raised the disputed 19
factual issues in the petition dur-20
ing the 5-year period preceding 21
the date on which the petition is 22
submitted; and 23
‘‘(II) a reasoned determination 24
by the agency that the factual issues 25
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raised by the petition, even if subject 1
to genuine dispute and not subject to 2
subclause (I)(bb), will not have an ef-3
fect on— 4
‘‘(aa) the costs and benefits 5
of the proposed rule; or 6
‘‘(bb) whether the proposed 7
rule achieves relevant statutory 8
objectives, including the objec-9
tives of the statutory provision on 10
which the rulemaking relies. 11
‘‘(iii) I
NCLUSION IN THE RECORD .—A 12
petition submitted under subparagraph (A) 13
with respect to a high-impact rule and the 14
decision of an agency with respect to the 15
petition shall be included in the rulemaking 16
record. 17
‘‘(2) N
OTICE OF HEARING.—Not later than 45 18
days before the date on which a hearing is held 19
under this subsection, an agency shall publish in the 20
Federal Register a notice specifying— 21
‘‘(A) the proposed rule to be considered at 22
the hearing; and 23
‘‘(B) the factual issues to be considered at 24
the hearing. 25
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‘‘(3) HEARING REQUIREMENTS .— 1
‘‘(A) L
IMITED NATURE OF HEARING .—A 2
hearing held under this subsection shall be lim-3
ited to— 4
‘‘(i) the specific factual issues raised 5
in a petition granted in whole or in part 6
under paragraph (1); and 7
‘‘(ii) any other factual issues the reso-8
lution of which an agency, in the discretion 9
of the agency, determines will advance con-10
sideration by the agency of the proposed 11
rule. 12
‘‘(B) P
ROCEDURES.— 13
‘‘(i) B
URDEN OF PROOF .—Except as 14
otherwise provided by statute, a proponent 15
of a rule has the burden of proof in a hear-16
ing held under this subsection. 17
‘‘(ii) A
DMISSION OF EVIDENCE .—In a 18
hearing held under this subsection, any 19
documentary or oral evidence may be re-20
ceived, except that an agency, as a matter 21
of policy, shall provide for the exclusion of 22
immaterial or unduly repetitious evidence. 23
‘‘(iii) A
DOPTION OF RULES GOV -24
ERNING HEARINGS.—To govern a hearing 25
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held under this subsection, each agency 1
shall adopt rules that provide for— 2
‘‘(I) the appointment of an agen-3
cy official or administrative law judge 4
to preside at the hearing; 5
‘‘(II) the presentation by inter-6
ested parties of relevant documentary 7
or oral evidence, unless the evidence is 8
immaterial or unduly repetitious; 9
‘‘(III) a reasonable and adequate 10
opportunity for cross-examination by 11
interested parties concerning genu-12
inely disputed factual issues raised by 13
the petition, provided that, in the case 14
of multiple interested parties with the 15
same or similar interests, the agency 16
may require the use of common coun-17
sel where the common counsel may 18
adequately represent the interests that 19
will be significantly affected by the 20
proposed rule; and 21
‘‘(IV) when appropriate, and to 22
the extent practicable, the consolida-23
tion of proceedings with respect to 24
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multiple petitions submitted under 1
this subsection into a single hearing. 2
‘‘(C) R
ECORD OF HEARING .—A transcript 3
of testimony and exhibits, together with all pa-4
pers and requests filed in the hearing, shall 5
constitute the exclusive record for decision of 6
the factual issues addressed in a hearing held 7
under this subsection. 8
‘‘(4) J
UDICIAL REVIEW.— 9
‘‘(A) I
N GENERAL.—Failure to petition for 10
a hearing under this subsection shall not pre-11
clude judicial review of any claim that could 12
have been raised in the hearing petition or at 13
the hearing. 14
‘‘(B) T
IMING OF JUDICIAL REVIEW .— 15
There shall be no judicial review of the disposi-16
tion of a petition by an agency under this sub-17
section until judicial review of the final action 18
of the agency. 19
‘‘(f) F
INALRULES.— 20
‘‘(1) N
ET BENEFITS OF MAJOR OR HIGH -IM-21
PACT RULE.— 22
‘‘(A) I
N GENERAL.—Except as provided in 23
subparagraph (B), in a rulemaking for a major 24
rule or a high-impact rule, an agency shall 25
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adopt the alternative considered under sub-1
section (b)(5) that maximizes net benefits, tak-2
ing into consideration only the costs and bene-3
fits that arise within the scope of the statutory 4
provision that authorizes the rulemaking. 5
‘‘(B) E
XCEPTIONS.—In a rulemaking for a 6
major rule or a high-impact rule, an agency 7
may adopt an alternative other than as required 8
under subparagraph (A) only if— 9
‘‘(i) the Administrator approves the 10
adoption by the agency of the alternative; 11
and 12
‘‘(ii) the alternative is adopted to— 13
‘‘(I) account for costs or benefits 14
that cannot be quantified, including 15
costs or benefits related to constitu-16
tional or civil rights, provided that the 17
agency identifies all such costs and 18
benefits and explains why those costs 19
and benefits justify the adoption of 20
the alternative; or 21
‘‘(II) achieve additional benefits 22
or cost reductions, provided that the 23
agency— 24
‘‘(aa) identifies— 25
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‘‘(AA) all such addi-1
tional benefits and the asso-2
ciated costs of those bene-3
fits; and 4
‘‘(BB) all such cost re-5
ductions and the associated 6
benefits of those cost reduc-7
tions; and 8
‘‘(bb) explains why— 9
‘‘(AA) the additional 10
benefits justify the addi-11
tional costs; or 12
‘‘(BB) the additional 13
cost reductions justify any 14
benefits foregone. 15
‘‘(C) R
ULE OF CONSTRUCTION .—Nothing 16
in subparagraph (A) may be construed to pre-17
clude an agency from including in an alter-18
native adopted pursuant to such subparagraph 19
changes made as a result of agency analysis or 20
review performed under chapter 6 of this title. 21
‘‘(2) P
UBLICATION OF NOTICE OF FINAL RULE -22
MAKING.—After submitting a final rule to the Ad-23
ministrator for review and obtaining a certification 24
from the Administrator that the review has con-25
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cluded, the agency shall publish a notice of final 1
rulemaking in the Federal Register, which shall in-2
clude— 3
‘‘(A) a concise, general statement of the 4
basis and purpose of the rule and a reference 5
to the legal authority under which the rule is 6
made, including the specific statutory provision 7
on which the rulemaking relies; 8
‘‘(B) a reasoned determination by the 9
agency regarding the considerations described 10
in subsection (b); 11
‘‘(C) a response to each significant issue 12
raised in the comments on the proposed rule; 13
and 14
‘‘(D) with respect to a major rule or a 15
high-impact rule, a reasoned determination by 16
the agency that— 17
‘‘(i) the benefits of the rule advance 18
the relevant objectives of the statutory pro-19
vision on which the rulemaking relies and 20
justify the costs of the rule; and 21
‘‘(ii)(I) no other alternative considered 22
would achieve the relevant objectives of the 23
statutory provision on which the rule-24
making relies in a manner that more 25
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greatly maximizes net benefits as required 1
under paragraph (1)(A); or 2
‘‘(II) the adoption by the agency of a 3
more costly or less costly rule complies 4
with paragraph (1)(B). 5
‘‘(3) I
NFORMATION QUALITY .—If an agency 6
rulemaking rests upon scientific, technical, or eco-7
nomic information, the agency shall— 8
‘‘(A) adopt a final rule on the basis of the 9
best reasonably available scientific, technical, or 10
economic information; and 11
‘‘(B) to the maximum extent practicable, 12
use that information in compliance with the 13
guidelines issued under section 515 of the 14
Treasury and General Government Appropria-15
tions Act, 2001 (Public Law 106–554; 114 16
Stat. 2763A–154). 17
‘‘(4) A
CCESSIBILITY.— 18
‘‘(A) I
N GENERAL.—Not later than the 19
date on which an agency publishes a notice of 20
final rulemaking under paragraph (2), all stud-21
ies, models, scientific literature, and other in-22
formation developed or relied upon by the agen-23
cy, and actions taken by the agency to obtain 24
that information, in connection with the deter-25
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mination of the agency to finalize the rule that 1
is the subject of the rulemaking shall be placed 2
in the docket for the rule and made accessible 3
to the public. 4
‘‘(B) I
NFORMATION CONTROLLED BY NON -5
GOVERNMENTAL PERSON .—With respect to any 6
information to which a nongovernmental person 7
holds a legal right to prohibit or limit reproduc-8
tion, distribution, or public display, the infor-9
mation shall be— 10
‘‘(i) placed in the docket through cita-11
tion or incorporation by reference, includ-12
ing a specification of the identity of the 13
nongovernmental person who holds a legal 14
right to prohibit or limit reproduction, dis-15
tribution, or public display of the informa-16
tion and the means by which a member of 17
the public may request a full copy of the 18
information from that holder; and 19
‘‘(ii) considered made accessible to the 20
public after a placement described in 21
clause (i), provided that the nongovern-22
mental person who holds a legal right to 23
prohibit or limit reproduction, distribution, 24
or public display of the information makes 25
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the information reasonably available upon 1
request in a timely manner. 2
‘‘(C) E
XCEPTION.—Subparagraphs (A) 3
and (B) shall not apply with respect to informa-4
tion that is exempt from disclosure under sec-5
tion 552(b). 6
‘‘(5) R
ULES ADOPTED AT THE END OF A PRESI -7
DENTIAL ADMINISTRATION .— 8
‘‘(A) I
N GENERAL.—During the 60-day pe-9
riod beginning on a transitional inauguration 10
day (as defined in section 3349a), with respect 11
to any final rule that had been placed on file 12
for public inspection by the Office of the Fed-13
eral Register or published in the Federal Reg-14
ister as of the date of the inauguration, but 15
which had not become effective by the date of 16
the inauguration, the agency issuing the rule 17
may, by order, delay the effective date of the 18
rule for not more than 90 days for the purpose 19
of obtaining public comment on whether— 20
‘‘(i) the rule should be amended or re-21
scinded; or 22
‘‘(ii) the effective date of the rule 23
should be further delayed. 24
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‘‘(B) OPPORTUNITY FOR COMMENT .—If an 1
agency delays the effective date of a rule under 2
subparagraph (A), the agency shall give the 3
public not less than 30 days to submit com-4
ments. 5
‘‘(g) A
PPLICABILITY.— 6
‘‘(1) P
RIMACY OF CERTAIN RULEMAKING CON -7
SIDERATIONS AND PROCEDURES IN OTHER FEDERAL 8
LAWS.— 9
‘‘(A) C
ONSIDERATIONS.—If a rulemaking 10
is authorized under a Federal law that requires 11
an agency to consider, or prohibits an agency 12
from considering, a factor in a manner that is 13
inconsistent with, or that conflicts with, the re-14
quirements under this section, for the purposes 15
of this section, the requirement or prohibition, 16
as applicable, in that other Federal law shall 17
apply to the agency in the rulemaking. 18
‘‘(B) P
ROCEDURAL REQUIREMENTS .—If a 19
rulemaking is authorized under a Federal law 20
that requires an agency to follow or use, or pro-21
hibits an agency from following or using, a pro-22
cedure in a manner that is duplicative of, or 23
that conflicts with, a procedural requirement 24
under this section, for the purposes of this sec-25
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tion, the requirement or prohibition, as applica-1
ble, in that other Federal law shall apply to the 2
agency in the rulemaking. 3
‘‘(2) G
UIDANCE AND RULES OF ORGANIZA -4
TION.—Except as otherwise provided by law, this 5
section shall not apply to guidance or rules of agen-6
cy organization, procedure, or practice. 7
‘‘(3) E
XCEPTIONS FOR GOOD CAUSE .— 8
‘‘(A) F
INDING OF GOOD CAUSE.— 9
‘‘(i) I
N GENERAL.—If an agency for 10
good cause finds that compliance with sub-11
section (c), (d), (e), or (f)(2)(B) before 12
issuing a final rule is unnecessary, imprac-13
ticable, or contrary to the public interest, 14
that subsection shall not apply and the 15
agency may issue the final rule or an in-16
terim final rule, as applicable, under sub-17
paragraph (B) or (C). 18
‘‘(ii) I
NCORPORATION OF GOOD CAUSE 19
FINDING.—If an agency makes a finding 20
under clause (i), the agency shall include 21
that finding and a brief statement with re-22
spect to the reasons for that finding in the 23
final rule or interim final rule, as applica-24
ble, issued by the agency. 25
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‘‘(B) DIRECT FINAL RULES.— 1
‘‘(i) I
N GENERAL.—Except as pro-2
vided in clause (ii), if an agency makes a 3
finding under subparagraph (A)(i) that 4
compliance with subsection (c), (d), (e), or 5
(f)(2)(B) before issuing a final rule is un-6
necessary, the agency shall, before issuing 7
the final rule— 8
‘‘(I) publish in the Federal Reg-9
ister the text of the final rule, the 10
brief statement required under sub-11
paragraph (A)(ii), and a notice of op-12
portunity for public comment; 13
‘‘(II) establish a comment period 14
of not less than 30 days for any inter-15
ested person to submit written mate-16
rial, data, views, or arguments with 17
respect to the final rule; and 18
‘‘(III) provide notice of the date 19
on which the rule will take effect. 20
‘‘(ii) E
XCEPTION.—An agency that 21
made a finding described in clause (i) may 22
choose not to follow the requirements 23
under that clause if the agency determines 24
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that following the requirements would not 1
expedite the issuance of the final rule. 2
‘‘(iii) A
DVERSE COMMENTS .—If an 3
agency receives significant adverse com-4
ments with respect to a rule during the 5
comment period established under clause 6
(i)(II), the agency shall— 7
‘‘(I) withdraw the notice of final 8
rulemaking published by the agency 9
with respect to the rule; and 10
‘‘(II) complete rulemaking in ac-11
cordance with subsections (c) through 12
(f), as applicable. 13
‘‘(C) I
NTERIM FINAL RULES.— 14
‘‘(i) I
N GENERAL.—If an agency for 15
good cause finds that compliance with sub-16
section (c), (d), (e), or (f)(2)(B) before 17
issuing a final rule is impracticable or con-18
trary to the public interest, the agency 19
shall issue an interim final rule by— 20
‘‘(I) publishing the interim final 21
rule and a request for public comment 22
in the portion of the Federal Register 23
relating to final rules; and 24
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‘‘(II) providing a cross-reference 1
in the portion of the Federal Register 2
relating to proposed rules that re-3
quests public comment with respect to 4
the rule not later than 60 days after 5
the rule is published under subclause 6
(I). 7
‘‘(ii) I
NTERIM PERIOD.— 8
‘‘(I) I
N GENERAL.—Not later 9
than 180 days after the date on which 10
an agency issues an interim final rule 11
under clause (i), the agency shall— 12
‘‘(aa) rescind the interim 13
rule; 14
‘‘(bb) initiate rulemaking in 15
accordance with subsections (c) 16
through (f); or 17
‘‘(cc) take final action to 18
adopt a final rule. 19
‘‘(II) N
O FORCE OR EFFECT.—If, 20
as of the end of the 180-day period 21
described in subclause (I), an agency 22
fails to take an action described in 23
item (aa), (bb), or (cc) of that sub-24
clause, the interim final rule issued by 25
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the agency shall have no force or ef-1
fect. 2
‘‘(4) E
XEMPTION FOR MONETARY POLICY .— 3
This section shall not apply to a rulemaking or to 4
guidance that concerns monetary policy proposed or 5
implemented by the Board of Governors of the Fed-6
eral Reserve System or the Federal Open Market 7
Committee. 8
‘‘(5) R
ULE OF CONSTRUCTION .—Nothing in 9
this subsection shall be construed to modify, alter, or 10
abridge exclusive rights held pursuant to title 17. 11
‘‘(h) D
ATE OFPUBLICATION.—A final rule, a direct 12
final rule described in subsection (g)(3)(B), or an interim 13
final rule described in subsection (g)(3)(C) shall be pub-14
lished not later than 30 days (or, in the case of a major 15
rule or a high-impact rule, not later than 60 days) before 16
the effective date of the rule, except— 17
‘‘(1) for guidance; or 18
‘‘(2) as otherwise provided by an agency for 19
good cause and as published with the rule. 20
‘‘(i) R
IGHTTOPETITION ANDREVIEW OFRULES.— 21
Each agency shall— 22
‘‘(1) give interested persons the right to petition 23
for the issuance, amendment, or repeal of a rule; 24
and 25
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‘‘(2) on a continuing basis, invite interested 1
persons to submit, by electronic means, suggestions 2
for rules that warrant retrospective review and pos-3
sible modification or repeal. 4
‘‘(j) R
ULEMAKINGGUIDELINES.— 5
‘‘(1) A
SSESSMENT OF RULES .— 6
‘‘(A) I
N GENERAL.—The Administrator 7
shall establish guidelines regarding rulemaking 8
as follows: 9
‘‘(i) I
DENTIFICATION OF NEED FOR 10
RULES.—Guidelines setting forth how 11
needs for rulemaking should be identified, 12
including— 13
‘‘(I) whether rulemaking is made 14
necessary by compelling public need, 15
such as material failures of private 16
markets or public institutions to pro-17
tect or improve the health and safety 18
of the public, the environment, or the 19
well-being of the public; and 20
‘‘(II) whether rulemaking needs 21
could be lessened by reliance on po-22
tential State, local, Tribal, or regional 23
regulatory action or other responses 24
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that could be taken in lieu of agency 1
action. 2
‘‘(ii) A
SSESSMENT OF RULES .—Guide-3
lines setting forth how the assessment, in-4
cluding the quantitative and qualitative as-5
sessment, of proposed and final rules 6
should occur, including how to determine— 7
‘‘(I) the costs and benefits of 8
proposed and final rules and alter-9
natives to them, including quantifiable 10
and non-quantifiable costs and bene-11
fits; 12
‘‘(II) whether proposed and final 13
rules maximize net benefits; 14
‘‘(III) estimated impacts on jobs, 15
wages, competition, innovation, and 16
low-income populations; 17
‘‘(IV) other economic issues that 18
are relevant to rulemaking under this 19
section or other sections of this part; 20
and 21
‘‘(V) risk assessments that are 22
relevant to rulemaking under this sec-23
tion and other sections of this part. 24
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‘‘(iii) NUMBERS OF ALTERNATIVES .— 1
Guidelines regarding when it may be rea-2
sonable to consider in a rulemaking more 3
alternatives than the number presumed to 4
be reasonable under subsection (b)(4). 5
‘‘(iv) A
DOPTION OF ALTERNATIVES 6
FOR MAJOR OR HIGH -IMPACT RULES.— 7
Guidelines regarding when it may be ap-8
propriate, in a rulemaking for a major or 9
high-impact rule, to adopt an alternative 10
final rule under subsection (f)(1)(B). 11
‘‘(v) A
DMINISTRATOR REVIEW .— 12
Guidelines regarding the efficient submis-13
sion and review of proposed and final rules 14
under subsections (c)(1) and (f)(2). 15
‘‘(B) A
GENCY ANALYSIS OF RULES .— 16
‘‘(i) I
N GENERAL.—The rigor of the 17
cost-benefit analysis required or rec-18
ommended by the guidelines established 19
under subparagraph (A) shall be commen-20
surate, as determined by the Adminis-21
trator, with the economic impact of a rule. 22
‘‘(ii) R
ISK ASSESSMENT GUIDE -23
LINES.—Guidelines for a risk assessment 24
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described in subparagraph (A)(iv) shall in-1
clude criteria for— 2
‘‘(I) selecting studies and models; 3
‘‘(II) evaluating and weighing 4
evidence; and 5
‘‘(III) conducting peer reviews. 6
‘‘(C) U
PDATING GUIDELINES .—Not less 7
frequently than once every 10 years, the Ad-8
ministrator shall update the guidelines estab-9
lished under subparagraph (A) to enable each 10
agency to use the best available techniques to 11
identify, quantify, and evaluate the need for 12
rulemaking and present and future benefits, 13
costs, other economic issues, and risks as objec-14
tively and accurately as practicable. 15
‘‘(2) S
IMPLIFICATION OF RULES.— 16
‘‘(A) I
SSUANCE OF GUIDELINES .—The Ad-17
ministrator shall issue guidelines to promote co-18
ordination, simplification, and harmonization of 19
agency rules during the rulemaking process. 20
‘‘(B) R
EQUIREMENTS.—The guidelines 21
issued by the Administrator under subpara-22
graph (A) shall advise each agency to— 23
‘‘(i) avoid rules that are inconsistent 24
or incompatible with, or duplicative of, 25
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other regulations of the agency and those 1
of other agencies; and 2
‘‘(ii) draft the rules of the agency to 3
be simple and easy to understand, with the 4
goal of minimizing the potential for uncer-5
tainty and litigation arising from the un-6
certainty. 7
‘‘(3) C
ONSISTENCY IN RULEMAKING .— 8
‘‘(A) I
N GENERAL.—To promote consist-9
ency in rulemaking, the Administrator shall— 10
‘‘(i) issue guidelines to ensure that 11
rulemaking conducted in whole or in part 12
under procedures specified in provisions of 13
law other than those under this section 14
conform with the procedures set forth in 15
this section to the fullest extent allowed by 16
law; and 17
‘‘(ii) issue guidelines for the adoption 18
of rules under subsection (e)(3)(B)(iii), 19
which shall provide a reasonable oppor-20
tunity for cross-examination, as described 21
in subsection (e)(3)(B)(iii)(III). 22
‘‘(B) A
GENCY ADOPTION OF REGULA -23
TIONS.—Each agency shall adopt regulations 24
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for the conduct of hearings consistent with the 1
guidelines issued under this paragraph. 2
‘‘(k) A
GENCYGUIDANCE; PROCEDURESTOISSUE 3
M
AJORGUIDANCE; AUTHORITYTOISSUEGUIDELINES 4
FORISSUANCE OFGUIDANCE.— 5
‘‘(1) I
N GENERAL.—Agency guidance shall— 6
‘‘(A) not be used by an agency to foreclose 7
consideration of issues as to which the guidance 8
expresses a conclusion; 9
‘‘(B) state that the guidance is not legally 10
binding; and 11
‘‘(C) at the time the guidance is issued, or 12
upon request, be made available by the issuing 13
agency to interested persons and the public. 14
‘‘(2) P
ROCEDURES TO ISSUE MAJOR GUID -15
ANCE.—Before issuing any major guidance, an agen-16
cy shall make and document a reasoned determina-17
tion that— 18
‘‘(A) such guidance is understandable and 19
complies with relevant statutory objectives and 20
regulatory provisions; and 21
‘‘(B) identifies the costs and benefits, in-22
cluding all costs and benefits to be considered 23
during a rulemaking as required under sub-24
section (b), of requiring conduct conforming to 25
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such guidance and assures that such benefits 1
justify such costs. 2
‘‘(3) I
SSUANCE OF UPDATED GUIDANCE .— 3
‘‘(A) I
N GENERAL.—The Administrator 4
shall issue updated guidelines for use by agen-5
cies in the issuance of guidance documents. 6
‘‘(B) R
EQUIREMENTS.—The guidelines 7
issued by the Administrator under subpara-8
graph (A) shall advise each agency— 9
‘‘(i) not to issue guidance documents 10
that are inconsistent or incompatible with, 11
or duplicative of, other rules of the agency 12
and those of other agencies; 13
‘‘(ii) to draft the guidance documents 14
of the agency to be simple and easy to un-15
derstand, with the goal of minimizing the 16
potential for uncertainty and litigation 17
arising from the uncertainty; and 18
‘‘(iii) how to develop and implement a 19
strategy to ensure the proper use of guid-20
ance by the agency. 21
‘‘(l) M
AJORRULE ANDHIGH-IMPACTRULEFRAME-22
WORKS.— 23
‘‘(1) I
N GENERAL.—Beginning on the date that 24
is 180 days after the date of enactment of this sub-25
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section, when an agency publishes in the Federal 1
Register— 2
‘‘(A) a proposed major rule or a proposed 3
high-impact rule, the agency shall include a po-4
tential framework for assessing the rule, which 5
shall include a general statement of how the 6
agency intends to measure the effectiveness of 7
the rule; or 8
‘‘(B) a final major rule or a final high-im-9
pact rule, the agency shall include a framework 10
for assessing the rule under paragraph (2), 11
which shall include— 12
‘‘(i) a clear statement of the regu-13
latory objectives of the rule, including a 14
summary of the benefit and cost of the 15
rule; 16
‘‘(ii) the methodology by which the 17
agency plans to analyze the rule, including 18
metrics by which the agency can meas-19
ure— 20
‘‘(I) the effectiveness and bene-21
fits of the rule in producing the regu-22
latory objectives of the rule; and 23
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‘‘(II) the impacts, including any 1
costs, of the rule on regulated and 2
other impacted entities; 3
‘‘(iii) a plan for gathering data re-4
garding the metrics described in clause (ii) 5
on an ongoing basis, or at periodic times, 6
including a method by which the agency 7
will invite the public to participate in the 8
review process and seek input from other 9
agencies; and 10
‘‘(iv) a specific timeframe, as appro-11
priate to the rule and not more than 10 12
years after the effective date of the rule, 13
under which the agency shall conduct the 14
assessment of the rule in accordance with 15
paragraph (2)(A). 16
‘‘(2) A
SSESSMENT.— 17
‘‘(A) I
N GENERAL.—Each agency shall as-18
sess the data collected under paragraph 19
(1)(B)(iii), using the methodology set forth in 20
paragraph (1)(B)(ii) or any other appropriate 21
methodology developed after the issuance of a 22
final major rule or a final high-impact rule to 23
better determine whether the regulatory objec-24
tive was achieved, with respect to the rule— 25
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‘‘(i) to analyze how the actual benefits 1
and costs of the rule may have varied from 2
those anticipated at the time the rule was 3
issued; and 4
‘‘(ii) to determine whether— 5
‘‘(I) the rule is accomplishing the 6
regulatory objective of the rule; 7
‘‘(II) the rule has been rendered 8
unnecessary, taking into consider-9
ation— 10
‘‘(aa) changes in the subject 11
area affected by the rule; and 12
‘‘(bb) whether the rule over-13
laps, duplicates, or conflicts 14
with— 15
‘‘(AA) other rules; or 16
‘‘(BB) to the extent 17
feasible, State and local gov-18
ernment regulations; 19
‘‘(III) the rule needs to be modi-20
fied in order to accomplish the regu-21
latory objective; and 22
‘‘(IV) other alternatives to the 23
rule or modification of the rule could 24
better achieve the regulatory objective 25
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while imposing a smaller burden on 1
society or increase cost-effectiveness, 2
taking into consideration any cost al-3
ready incurred. 4
‘‘(B) D
IFFERENT METHODOLOGY .—If an 5
agency uses a methodology other than the 6
methodology under paragraph (1)(B)(ii) to as-7
sess data under subparagraph (A), the agency 8
shall include as part of the notice required to 9
be published under subparagraph (D) an expla-10
nation of the changes in circumstances that ne-11
cessitated the use of that other methodology. 12
‘‘(C) S
UBSEQUENT ASSESSMENTS .— 13
‘‘(i) I
N GENERAL.—Except as pro-14
vided in clause (ii), if, after an assessment 15
of a major rule or a high-impact rule 16
under subparagraph (A), an agency deter-17
mines that the rule will remain in effect 18
with or without modification, the agency 19
shall— 20
‘‘(I) determine a specific time, as 21
appropriate to the rule and not more 22
than 10 years after the date on which 23
the agency completes the assessment, 24
under which the agency shall conduct 25
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another assessment of the rule in ac-1
cordance with subparagraph (A); and 2
‘‘(II) if the assessment conducted 3
under subclause (I) does not result in 4
a repeal of the rule, periodically assess 5
the rule in accordance with subpara-6
graph (A) to ensure that the rule con-7
tinues to meet the regulatory objec-8
tive. 9
‘‘(ii) E
XEMPTION.—The Adminis-10
trator may exempt an agency from con-11
ducting a subsequent assessment of a rule 12
under clause (i) if the Administrator deter-13
mines that there is a foreseeable and ap-14
parent need for the rule beyond the time-15
frame required under clause (i)(I). 16
‘‘(D) P
UBLICATION.—Not later than 180 17
days after the date on which an agency com-18
pletes an assessment of a major rule or a high- 19
impact rule under subparagraph (A), the agen-20
cy shall publish a notice of availability of the re-21
sults of the assessment in the Federal Register, 22
including the specific time for any subsequent 23
assessment of the rule under subparagraph 24
(C)(i), if applicable. 25
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‘‘(3) OIRA OVERSIGHT.—The Administrator 1
shall— 2
‘‘(A) issue guidance for agencies regarding 3
the development of the framework under para-4
graph (1) and the conduct of the assessments 5
under paragraph (2)(A); 6
‘‘(B) oversee the timely compliance of 7
agencies with this subsection; 8
‘‘(C) ensure that the results of each assess-9
ment conducted under paragraph (2)(A) are— 10
‘‘(i) published promptly on a central-11
ized Federal website; and 12
‘‘(ii) noticed in the Federal Register 13
in accordance with paragraph (2)(D); 14
‘‘(D) ensure that agencies streamline and 15
coordinate the assessment of major rules or 16
high-impact rules with similar or related regu-17
latory objectives; 18
‘‘(E) exempt an agency from including the 19
framework required under paragraph (1)(B) 20
when publishing a final major rule or a final 21
high-impact rule if the Administrator deter-22
mines that compliance with paragraph (1)(B) is 23
unnecessary, impracticable, or contrary to the 24
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public interest, as described in subsection 1
(g)(3)(A)(i); and 2
‘‘(F) extend the deadline specified by an 3
agency for an assessment of a major rule or a 4
high-impact rule under paragraph (1)(B)(iv) or 5
paragraph (2)(C)(i)(I) for a period of not more 6
than 90 days if the agency justifies why the 7
agency is unable to complete the assessment by 8
that deadline. 9
‘‘(4) R
ULE OF CONSTRUCTION .—Nothing in 10
this subsection shall be construed to affect— 11
‘‘(A) the authority of an agency to assess 12
or modify a major rule or a high-impact rule of 13
the agency earlier than the end of the time-14
frame specified for the rule under paragraph 15
(1)(B)(iv); or 16
‘‘(B) any other provision of law that re-17
quires an agency to conduct retrospective re-18
views of rules issued by the agency. 19
‘‘(5) A
PPLICABILITY.— 20
‘‘(A) I
N GENERAL.—This subsection shall 21
not apply to— 22
‘‘(i) a major rule or a high-impact 23
rule of an agency— 24
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‘‘(I) that the Administrator re-1
viewed before the date of enactment of 2
this subsection; 3
‘‘(II) for which the agency is re-4
quired to conduct a retrospective re-5
view under any other provision of law 6
that meets or exceeds the require-7
ments of this subsection, as deter-8
mined by the Administrator; or 9
‘‘(III) for which the authorizing 10
statute is subject to periodic reauthor-11
ization by Congress not less fre-12
quently than once every 10 years; 13
‘‘(ii) guidance; 14
‘‘(iii) routine and administrative rules; 15
or 16
‘‘(iv) a rule that is reviewed under 17
section 2222 of the Economic Growth and 18
Regulatory Paperwork Reduction Act of 19
1996 (12 U.S.C. 3311). 20
‘‘(B) D
IRECT AND INTERIM FINAL MAJOR 21
RULE OR HIGH-IMPACT RULE.—In the case of a 22
major rule or a high-impact rule of an agency 23
for which the agency is not required to issue a 24
notice of proposed rulemaking in response to an 25
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emergency or a statutorily imposed deadline, 1
the agency shall publish the framework required 2
under paragraph (1)(B) in the Federal Register 3
not later than 180 days after the date on which 4
the agency publishes the rule. 5
‘‘(6) R
ECOMMENDATIONS TO CONGRESS .—If, 6
under an assessment conducted under paragraph 7
(2), an agency determines that a major rule or a 8
high-impact rule should be modified or repealed, the 9
agency may submit to Congress recommendations 10
for legislation to amend applicable provisions of law 11
if the agency is prohibited from modifying or repeal-12
ing the rule under another provision of law. 13
‘‘(7) J
UDICIAL REVIEW.— 14
‘‘(A) I
N GENERAL.—Judicial review of 15
agency compliance with this subsection is lim-16
ited to whether an agency— 17
‘‘(i) published the framework for as-18
sessment of a major rule or a high-impact 19
rule in accordance with paragraph (1); or 20
‘‘(ii) completed and published the re-21
quired assessment of a major rule or a 22
high-impact rule in accordance with sub-23
paragraphs (A) and (D) of paragraph (2). 24
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‘‘(B) REMEDY AVAILABLE .—In granting 1
relief in an action brought under subparagraph 2
(A), a court may only issue an order remanding 3
the major rule or the high-impact rule, as appli-4
cable, to the agency to comply with paragraph 5
(1) or subparagraph (A) or (D) of paragraph 6
(2), as applicable. 7
‘‘(C) E
FFECTIVE DATE OF MAJOR OR 8
HIGH-IMPACT RULE.—If, in an action brought 9
under subparagraph (A)(i), a court determines 10
that the agency did not comply, the major rule 11
or the high-impact rule, as applicable, shall take 12
effect notwithstanding any order issued by the 13
court. 14
‘‘(m) R
ULE OFCONSTRUCTION.—Nothing in this sec-15
tion shall be construed to limit the scope of the authority 16
of the Office of Information and Regulatory Affairs under 17
subchapter I of chapter 35 of title 44, section 515 of the 18
Treasury and General Government Appropriations Act, 19
2001 (Public Law 106–554; 114 Stat. 2763A–154), chap-20
ter 8 of this title, or any other law or Executive order.’’. 21
SEC. 4. SCOPE OF REVIEW. 22
Section 706 of title 5, United States Code, is amend-23
ed— 24
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(1) in the first sentence of the matter preceding 1
paragraph (1), by striking ‘‘To the extent nec-2
essary’’ and inserting the following: 3
‘‘(a) I
NGENERAL.—To the extent necessary’’; and 4
(2) in subsection (a), as so designated— 5
(A) in paragraph (1), by striking ‘‘and’’ at 6
the end; 7
(B) in paragraph (2)— 8
(i) in the matter preceding subpara-9
graph (A), by inserting ‘‘, or, when appro-10
priate, remand a matter to an agency with-11
out setting aside,’’ after ‘‘set aside’’; and 12
(ii) in subparagraph (F), by striking 13
the period at the end and inserting ‘‘; 14
and’’; and 15
(C) by striking the flush text following 16
paragraph (2)(F) and inserting the following: 17
‘‘(3) with respect to the review of a high-impact 18
rule, as defined in section 551 of this title, deter-19
mine whether the factual findings of the agency 20
issuing the rule are supported by substantial evi-21
dence. 22
‘‘(b) R
EVIEW OFENTIRERECORD; PREJUDICIAL 23
E
RROR.—In making a determination under subsection (a), 24
the court shall review the whole record or those parts of 25
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the record cited by a party, and due account shall be taken 1
of the rule of prejudicial error. 2
‘‘(c) P
RECLUSION OFREVIEW.— 3
‘‘(1) I
N GENERAL.—Any action or inaction of 4
the Administrator under subchapter II of chapter 5, 5
except sections 552 and 552a, shall not be subject 6
to judicial review. 7
‘‘(2) R
ULE OF CONSTRUCTION .—The preclusion 8
of judicial review under this subsection shall not be 9
construed or used to construe any other provision of 10
law to provide any cause of action against the Ad-11
ministrator, except as explicitly provided by law. 12
‘‘(d) R
EVIEW OFCERTAINGUIDANCE.—Agency guid-13
ance that does not interpret a statute or rule may be re-14
viewed only under subsection (a)(2)(D). 15
‘‘(e) A
GENCYINTERPRETATION OF RULES.—The 16
weight that a reviewing court gives an interpretation by 17
an agency of a rule of that agency shall depend on the 18
thoroughness evident in the consideration of the rule by 19
the agency, the validity of the reasoning of the agency, 20
and the consistency of the interpretation with earlier and 21
later pronouncements.’’. 22
SEC. 5. ADDED DEFINITIONS. 23
Section 701(b) of title 5, United States Code, is 24
amended— 25
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(1) in paragraph (1)(H), by striking ‘‘and’’ at 1
the end; 2
(2) in paragraph (2)— 3
(A) by inserting ‘‘‘guidance’,’’ after ‘‘‘re-4
lief’,’’; and 5
(B) by striking the period at the end and 6
inserting ‘‘; and’’; and 7
(3) by adding at the end the following: 8
‘‘(3) ‘substantial evidence’ means such relevant 9
evidence as a reasonable mind might accept as ade-10
quate to support a conclusion in light of the record 11
considered as a whole.’’. 12
SEC. 6. APPLICATION. 13
The amendments made by this Act to sections 553, 14
701(b), and 706 of title 5, United States Code, shall not 15
apply to any rulemaking, as defined in section 551 of title 16
5, United States Code, as amended by section 2 of this 17
Act, that is pending or completed as of the date of enact-18
ment of this Act. 19
SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO COPY-20
RIGHTS. 21
Nothing in this Act, or in the amendments made by 22
this Act, may be construed as altering, modifying, or 23
abridging an exclusive right granted under title 17, United 24
States Code. 25
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SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 1
(a) A
LASKANATIONALINTERESTLANDSCONSERVA-2
TIONACT.—Section 1002(g)(2) of the Alaska National In-3
terest Lands Conservation Act (16 U.S.C. 3142(g)(2)) is 4
amended, in the third sentence, by striking ‘‘section 5
706(2)(E)’’ and inserting ‘‘section 706(a)(2)(E)’’. 6
(b) A
NTARCTICMARINELIVINGRESOURCESCON-7
VENTIONACT OF1984.—Section 308(c) of the Antarctic 8
Marine Living Resources Convention Act of 1984 (16 9
U.S.C. 2437(c)) is amended, in the third sentence, by 10
striking ‘‘section 706(2)(E)’’ and inserting ‘‘section 11
706(a)(2)(E)’’. 12
(c) C
ONGRESSIONAL ACCOUNTABILITY ACT OF 13
1995.—Section 409 of the Congressional Accountability 14
Act of 1995 (2 U.S.C. 1409) is amended, in the first sen-15
tence— 16
(1) by striking ‘‘section 706(2)’’ and inserting 17
‘‘section 706(a)(2)’’; and 18
(2) by striking ‘‘section 706(2)(B)’’ and insert-19
ing ‘‘section 706(a)(2)(B)’’. 20
(d) C
ONSUMERPRODUCTSAFETYACT.—Section 9(i) 21
of the Consumer Product Safety Act (15 U.S.C. 2058(i)) 22
is amended, in the first sentence, by striking ‘‘section 23
553(e)’’ and inserting ‘‘section 553(i)’’. 24
(e) D
EEPSEABEDHARDMINERALRESOURCES 25
A
CT.—Section 302(b) of the Deep Seabed Hard Mineral 26
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Resources Act (30 U.S.C. 1462(b)) is amended, in the 1
third sentence, by striking ‘‘section 706(2)(E)’’ and in-2
serting ‘‘section 706(a)(2)(E)’’. 3
(f) D
EFENSEPRODUCTIONACT OF1950.—Section 4
709(b)(1) of the Defense Production Act of 1950 (50 5
U.S.C. 4559(b)(1)) is amended by striking ‘‘for not less 6
than 30 days, consistent with the requirements of section 7
553(b)’’ and inserting ‘‘in a manner consistent with the 8
requirements of section 553(c)’’. 9
(g) E
NDANGERED SPECIESACT OF1973.—Section 10
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 11
1533(b)(3)) is amended— 12
(1) in subparagraph (A), in the first sentence, 13
by striking ‘‘section 553(e)’’ and inserting ‘‘section 14
553(i)’’; and 15
(2) in subparagraph (D)(i), in the first sen-16
tence, by striking ‘‘section 553(e)’’ and inserting 17
‘‘section 553(i)’’. 18
(h) E
XPEDITEDFUNDSAVAILABILITYACT.—Section 19
609(a) of the Expedited Funds Availability Act (12 U.S.C. 20
4008(a)) is amended, in the matter preceding paragraph 21
(1), by striking ‘‘section 553(c)’’ and inserting ‘‘section 22
553’’. 23
(i) F
ASTENERQUALITYACT.—Section 6(b)(3) of the 24
Fastener Quality Act (15 U.S.C. 5408(b)(3)) is amended, 25
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in the second sentence, by striking ‘‘section 706(2)’’ and 1
inserting ‘‘section 706(a)(2)’’. 2
(j) F
EDERALFOOD, DRUG, ANDCOSMETICACT.— 3
Section 912(b) of the Federal Food, Drug, and Cosmetic 4
Act (21 U.S.C. 387l(b)) is amended, in the second sen-5
tence, by striking ‘‘section 706(2)(A)’’ and inserting ‘‘sec-6
tion 706(a)(2)(A)’’. 7
(k) F
EDERALHAZARDOUSSUBSTANCESACT.—Sec-8
tion 3 of the Federal Hazardous Substances Act (15 9
U.S.C. 1262) is amended— 10
(1) in subsection (e)(1), in the first sentence, by 11
striking ‘‘(other than clause (B) of the last sentence 12
of subsection (b) of such section) of title 5 of the 13
United States Code’’ and inserting ‘‘of title 5, 14
United States Code, other than subsection (g)(3) of 15
such section,’’; and 16
(2) in subsection (j), in the first sentence, by 17
striking ‘‘section 553(e)’’ and inserting ‘‘section 18
553(i)’’. 19
(l) F
EDERALTRADECOMMISSIONACT.—Section 20
18(e) of the Federal Trade Commission Act (15 U.S.C. 21
57a(e)) is amended— 22
(1) in paragraph (3), in the second sentence of 23
the matter preceding subparagraph (A), by striking 24
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‘‘section 706(2)’’ and inserting ‘‘section 706(a)(2)’’; 1
and 2
(2) in paragraph (5)(C), in the second sentence, 3
by striking ‘‘Section 706(2)(E)’’ and inserting ‘‘Sec-4
tion 706(a)(2)(E)’’. 5
(m) F
LAMMABLEFABRICSACT.—The Flammable 6
Fabrics Act (15 U.S.C. 1191 et seq.) is amended— 7
(1) in section 4(k) (15 U.S.C. 1193(k)), in the 8
first sentence, by striking ‘‘section 553(e)’’ and in-9
serting ‘‘section 553(i)’’; and 10
(2) in section 16(c)(2) (15 U.S.C. 1203(c)(2)), 11
by striking ‘‘section 553(b)’’ and inserting ‘‘section 12
553(c)’’. 13
(n) G
ENERALEDUCATIONPROVISIONSACT.—Sec-14
tion 411 of the General Education Provisions Act (20 15
U.S.C. 1221e–4) is amended, in the second sentence, by 16
striking ‘‘Notwithstanding the exception provided under 17
section 553(b) of title 5, such’’ and inserting ‘‘Such’’. 18
(o) H
IGHSEASFISHINGCOMPLIANCEACT OF 19
1995.—Section 108(d) of the High Seas Fishing Compli-20
ance Act of 1995 (16 U.S.C. 5507(d)) is amended, in the 21
third sentence, by striking ‘‘section 706(2)’’ and inserting 22
‘‘section 706(a)(2)’’. 23
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(p) HOUSING ANDCOMMUNITYDEVELOPMENTACT 1
OF1992.—The Housing and Community Development 2
Act of 1992 (12 U.S.C. 4501 et seq.) is amended— 3
(1) in section 643(b)(3) (42 U.S.C. 4
13603(b)(3)), in the first sentence, by striking 5
‘‘(notwithstanding subsections (a)(2), (b)(B), and 6
(d)(3) of such section)’’ and inserting ‘‘(notwith-7
standing subsections (a)(2), (g)(3), and (h)(2) of 8
such section)’’; and 9
(2) in section 685 (42 U.S.C. 13643), in the 10
second sentence, by striking ‘‘(notwithstanding sub-11
sections (a)(2), (b)(B), and (d)(3) of such section)’’ 12
and inserting ‘‘(notwithstanding subsections (a)(2), 13
(g)(3), and (h)(2) of such section)’’. 14
(q) I
NTERNATIONAL BANKINGACT OF1978.—Sec-15
tion 7(f)(2) of the International Banking Act of 1978 (12 16
U.S.C. 3105(f)(2)) is amended by striking ‘‘paragraph 17
(2)(F)’’ and inserting ‘‘subsection (a)(2)(F)’’. 18
(r) M
AGNUSON-STEVENSFISHERYCONSERVATION 19
ANDMANAGEMENTACT.—Section 308(b) of the Magnu-20
son-Stevens Fishery Conservation and Management Act 21
(16 U.S.C. 1858(b)) is amended, in the third sentence, 22
by striking ‘‘section 706(2)’’ and inserting ‘‘section 23
706(a)(2)’’. 24
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(s) MARINEMAMMALPROTECTIONACT OF1972.— 1
Section 109 of the Marine Mammal Protection Act of 2
1972 (16 U.S.C. 1379) is amended— 3
(1) in subsection (c)(4), in the first sentence, by 4
striking ‘‘section 706(2) (A) through (E) of Title’’ 5
and inserting ‘‘subparagraphs (A) through (E) of 6
section 706(a)(2) of title’’; and 7
(2) in subsection (d)(2), in the second sen-8
tence— 9
(A) by striking ‘‘Title’’ and inserting 10
‘‘title’’; and 11
(B) by striking ‘‘subsection (d) of such sec-12
tion 553’’ and inserting ‘‘subsection (h) of such 13
section 553’’. 14
(t) M
CKINNEY-VENTOHOMELESS ASSISTANCE 15
A
CT.—Section 433 of the McKinney-Vento Homeless As-16
sistance Act (42 U.S.C. 11387) is amended, in the second 17
sentence, by striking ‘‘(notwithstanding subsections 18
(a)(2), (b)(B), and (d)(3) of such section)’’ and inserting 19
‘‘(notwithstanding subsections (a)(2), (g)(3), and (h)(2) of 20
such section)’’. 21
(u) M
IGRANT ANDSEASONALAGRICULTURALWORK-22
ERPROTECTIONACT.—The Migrant and Seasonal Agri-23
cultural Worker Protection Act (29 U.S.C. 1801 et seq.) 24
is amended— 25
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(1) in section 103(c) (29 U.S.C. 1813(c)), in 1
the third sentence, by striking ‘‘section 706(2)(E)’’ 2
and inserting ‘‘section 706(a)(2)(E)’’; and 3
(2) in section 503(c) (29 U.S.C. 1853(c)), in 4
the third sentence, by striking ‘‘section 706(2)(E)’’ 5
and inserting ‘‘section 706(a)(2)(E)’’. 6
(v) M
ILWAUKEERAILROADRESTRUCTURINGACT.— 7
The Milwaukee Railroad Restructuring Act (45 U.S.C. 8
901 et seq.) is amended— 9
(1) in section 5(b)(2) (45 U.S.C. 904(b)(2)), in 10
the second sentence, by striking ‘‘sections 706(2)(A), 11
706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of 12
the United States Code’’ and inserting ‘‘subpara-13
graphs (A), (B), (C), and (D) of section 706(a)(2) 14
of title 5, United States Code’’; and 15
(2) in section 17(b)(2) (45 U.S.C. 915(b)(2)), 16
in the second sentence, by striking ‘‘sections 17
706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of 18
title 5 of the United States Code’’ and inserting 19
‘‘subparagraphs (A), (B), (C), and (D) of section 20
706(a)(2) of title 5, United States Code’’. 21
(w) N
ATIVEAMERICANPROGRAMSACT OF1974.— 22
Section 814 of the Native American Programs Act of 1974 23
(42 U.S.C. 2992b–1) is amended— 24
(1) in subsection (b)— 25
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(A) in paragraph (1), in the matter pre-1
ceding subparagraph (A), by striking ‘‘Subpara-2
graph (A) of the last sentence of section 553(b) 3
of title 5, United States Code, shall not apply 4
with respect to any interpretative rule or gen-5
eral statement of policy’’ and inserting ‘‘Section 6
553(c) of title 5, United States Code, shall 7
apply with respect to guidance’’; 8
(B) in paragraph (2)— 9
(i) in the matter preceding subpara-10
graph (A), by striking ‘‘Subparagraph (B) 11
of the last sentence of section 553(b)’’ and 12
inserting ‘‘Section 553(g)(3)’’; and 13
(ii) by striking ‘‘an interpretative rule 14
or a general statement of policy’’ and in-15
serting ‘‘guidance’’; and 16
(C) in paragraph (3), in the matter pre-17
ceding subparagraph (A)— 18
(i) by striking ‘‘The first 2 sentences 19
of section 553(b)’’ and inserting ‘‘Section 20
553(c)’’; and 21
(ii) by striking ‘‘an interpretative rule, 22
a general statement of policy,’’ and insert-23
ing ‘‘guidance’’; 24
(2) in subsection (c)— 25
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(A) in the matter preceding paragraph 1
(1)— 2
(i) by striking ‘‘section 553(d)’’ and 3
inserting ‘‘section 553(h)’’; and 4
(ii) by striking ‘‘an interpretative 5
rule) or general statement of policy’’ and 6
inserting ‘‘guidance)’’; and 7
(B) in the flush text following paragraph 8
(2), by striking ‘‘the first 2 sentences of section 9
553(b)’’ and inserting ‘‘section 553(c)’’; 10
(3) in subsection (d), by striking ‘‘an interpre-11
tative rule) and each general statement of policy’’ 12
and inserting ‘‘guidance)’’; 13
(4) in subsection (e)— 14
(A) by striking ‘‘any interpretative rule) or 15
a general statement of policy’’ and inserting 16
‘‘guidance)’’; and 17
(B) by striking ‘‘or such general statement 18
of policy’’; 19
(5) in subsection (f)— 20
(A) by striking ‘‘an interpretative rule) or 21
a general statement of policy’’ and inserting 22
‘‘guidance)’’; and 23
(B) by striking ‘‘or such general statement 24
of policy’’; and 25
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(6) by adding at the end the following: 1
‘‘(g) In this section, the term ‘guidance’ has the 2
meaning given the term in section 551 of title 5, United 3
States Code.’’. 4
(x) N
ATURALGASPOLICYACT OF1978.—Section 5
502(b) of the Natural Gas Policy Act of 1978 (15 U.S.C. 6
3412(b)) is amended, in the third sentence, by striking 7
‘‘section 553(d)(3)’’ and inserting ‘‘section 553(h)(2)’’. 8
(y) N
OISECONTROLACT OF1972.—Section 6(c)(2) 9
of the Noise Control Act of 1972 (42 U.S.C. 4905(c)(2)) 10
is amended by striking ‘‘the first sentence of section 11
553(c)’’ and inserting ‘‘section 553(c)(4)’’. 12
(z) N
ORTHEASTRAILSERVICEACT OF1981.—Sec-13
tion 1152(c) of the Northeast Rail Service Act of 1981 14
(45 U.S.C. 1105(c)) is amended by striking ‘‘paragraphs 15
(2) (A), (B), (C), and (D) of section 706, title 5’’ and 16
inserting ‘‘subparagraphs (A) through (D) of section 17
706(a)(2) of title 5’’. 18
(aa) N
ORTHERNPACIFICHALIBUTACT OF1982.— 19
Section 8(b) of the Northern Pacific Halibut Act of 1982 20
(16 U.S.C. 773f(b)) is amended, in the third sentence, by 21
striking ‘‘section 706(2)’’ and inserting ‘‘section 22
706(a)(2)’’. 23
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(bb) POISONPREVENTION PACKAGINGACT OF 1
1970.—The Poison Prevention Packaging Act of 1970 (15 2
U.S.C. 1471 et seq.) is amended— 3
(1) in section 5 (15 U.S.C. 1474)— 4
(A) in subsection (a), in the first sentence, 5
by striking ‘‘(other than paragraph (3)(B) of 6
the last sentence of subsection (b) of such sec-7
tion) of title 5 of the United States Code’’ and 8
inserting ‘‘of title 5, United States Code, other 9
than subsection (g)(3) of such section,’’; and 10
(B) in subsection (b)— 11
(i) by striking ‘‘of the United States 12
Code’’ each place that term appears and 13
inserting ‘‘, United States Code’’; and 14
(ii) in paragraph (3), in the first sen-15
tence, by striking ‘‘paragraph (2) of sec-16
tion 706’’ and inserting ‘‘section 17
706(a)(2)’’; and 18
(2) in section 7(c)(2) (15 U.S.C. 1476(c)(2)), 19
by striking ‘‘section 553(b)’’ and inserting ‘‘section 20
553(c)’’. 21
(cc) P
OULTRYPRODUCTSINSPECTIONACT.—Section 22
14(c) of the Poultry Products Inspection Act (21 U.S.C. 23
463(c)) is amended by striking ‘‘section 553(c) of title 5, 24
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United States Code’’ and inserting ‘‘section 553(c)(4) of 1
title 5, United States Code,’’. 2
(dd) P
UBLICHEALTHSERVICEACT.—Section 3
2723(b)(2)(E)(iii) of the Public Health Service Act (42 4
U.S.C. 300gg–22(b)(2)(E)(iii)) is amended by striking 5
‘‘section 706(2)(E)’’ and inserting ‘‘section 6
706(a)(2)(E)’’. 7
(ee) R
EGIONALRAILREORGANIZATION ACT OF 8
1973.—Section 216(c)(3) of the Regional Rail Reorga-9
nization Act of 1973 (45 U.S.C. 726(c)(3)) is amended, 10
in the fourth sentence, by striking ‘‘section 706(2)’’ and 11
inserting ‘‘section 706(a)(2)’’. 12
(ff) S
OCIALSECURITYACT.—The Social Security Act 13
(42 U.S.C. 301 et seq.) is amended— 14
(1) in section 221(j) (42 U.S.C. 421(j)), in the 15
flush text following paragraph (3), by striking ‘‘in 16
accordance with section 553(b)(A) of title 5, United 17
States Code’’ and all that follows through ‘‘and 18
statements’’ and inserting ‘‘in accordance with sec-19
tion 553(g)(2) of title 5, United States Code, of 20
guidance or rules of agency organization, procedure, 21
or practice relating to consultative examinations if 22
such guidance and rules’’; and 23
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(2) in section 1871(b)(2) (42 U.S.C. 1
1395hh(b)(2)), by striking subparagraph (C) and in-2
serting the following: 3
‘‘(C) subsection (c) of section 553 of title 4
5, United States Code, does not apply pursuant 5
to subsection (g)(3) of such section.’’. 6
(gg) S
OUTHPACIFICTUNAACT OF1988.—Section 7
8(b) of the South Pacific Tuna Act of 1988 (16 U.S.C. 8
973f(b)) is amended, in the third sentence, by striking 9
‘‘section 706(2)’’ and inserting ‘‘section 706(a)(2)’’. 10
(hh) T
ARIFFACT OF1930.—Section 777(f)(5) of the 11
Tariff Act of 1930 (19 U.S.C. 1677f(f)(5)) is amended, 12
in the third sentence, by striking ‘‘section 706(2)’’ and 13
inserting ‘‘section 706(a)(2)’’. 14
(ii) T
ITLE5, UNITEDSTATESCODE.—Title 5, 15
United States Code, is amended— 16
(1) in section 556(d), in the sixth sentence, by 17
striking ‘‘rule making’’ and inserting ‘‘rulemaking’’; 18
(2) in section 557(b), in the fourth sentence of 19
the matter preceding paragraph (1), by striking 20
‘‘rule making’’ and inserting ‘‘rulemaking’’; 21
(3) in section 562(11), by striking ‘‘means ‘rule 22
making’ as that term is defined in section 551(5)’’ 23
and inserting ‘‘has the meaning given the term in 24
section 551’’; 25
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(4) in section 601(2), by striking ‘‘section 1
553(b)’’ and inserting ‘‘section 553(c)’’; 2
(5) in section 1103(b)(1), by striking ‘‘section 3
553(b)(1), (2), and (3)’’ and inserting ‘‘section 4
553(c)’’; and 5
(6) in section 1105, by striking ‘‘subsections 6
(b), (c), and (d)’’ and inserting ‘‘subsections (b) 7
through (h) and (j)’’. 8
(jj) T
ITLE11, UNITEDSTATESCODE.—Section 9
1172(b) of title 11, United States Code, is amended, in 10
the second sentence, by striking ‘‘sections 706(2)(A), 11
706(2)(B), 706(2)(C), and 706(2)(D) of title 5’’ and in-12
serting ‘‘subparagraphs (A), (B), (C), and (D) of section 13
706(a)(2) of title 5’’. 14
(kk) T
ITLE14, UNITEDSTATESCODE.—Section 15
2507(b)(2)(A) of title 14, United States Code, is amended 16
by striking ‘‘section 706(1)’’ and inserting ‘‘section 17
706(a)(1)’’. 18
(ll) T
ITLE28, UNITEDSTATESCODE.—Section 3902 19
of title 28, United States Code, is amended, in the first 20
sentence, by striking ‘‘section 706(2)’’ and inserting ‘‘sec-21
tion 706(a)(2)’’. 22
(mm) T
ITLE41, UNITEDSTATESCODE.—Section 23
8503(a)(2) of title 41, United States Code, is amended 24
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by striking ‘‘section 553(b) to (e)’’ and inserting ‘‘section 1
553’’. 2
(nn) T
ITLE46, UNITEDSTATESCODE.—Title 46, 3
United States Code, is amended— 4
(1) in section 14104(b), in the second sentence, 5
by striking ‘‘shall be considered to be an interpretive 6
regulation for purposes of section 553 of title 5’’ and 7
inserting ‘‘shall be subject to section 553 of title 5’’; 8
and 9
(2) in section 70105(c)(3)(B), in the second 10
sentence, by striking ‘‘section 706(2)(E)’’ and in-11
serting ‘‘section 706(a)(2)(E)’’. 12
(oo) T
OXICSUBSTANCESCONTROLACT.—Section 13
19(c)(1)(B) of the Toxic Substances Control Act (15 14
U.S.C. 2618(c)(1)(B)) is amended— 15
(1) in clause (i)— 16
(A) in subclause (I), by striking ‘‘para-17
graph (2)(E)’’ and inserting ‘‘subsection 18
(a)(2)(E)’’; and 19
(B) in subclause (II), by striking ‘‘para-20
graph (2)(E)’’ and inserting ‘‘subsection 21
(a)(2)(E)’’; and 22
(2) in clause (ii), by striking ‘‘section 553(c)’’ 23
and inserting ‘‘section 553(f)(2)’’. 24
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(pp) UNFUNDED MANDATESREFORMACT OF 1
1995.—Section 401(a)(2)(A) of the Unfunded Mandates 2
Reform Act of 1995 (2 U.S.C. 1571(a)(2)(A)) is amended 3
by striking ‘‘section 706(1)’’ and inserting ‘‘section 4
706(a)(1)’’. 5
(qq) U
NITEDSTATESWAREHOUSEACT.—Section 6
13(d)(2) of the United States Warehouse Act (7 U.S.C. 7
252(d)(2)) is amended by striking ‘‘section 706(2)’’ and 8
inserting ‘‘section 706(a)(2)’’. 9
Æ 
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