[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1708 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1708
To improve agency rulemaking, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2025
Mr. Lankford (for himself and Mr. Johnson) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve agency rulemaking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Accountability Act''.
SEC. 2. DEFINITIONS.
Section 551 of title 5, United States Code, is amended--
(1) in paragraph (5), by striking ``rule making'' and
inserting ``rulemaking'';
(2) in paragraph (6), by striking ``rule making'' and
inserting ``rulemaking'';
(3) in paragraph (13), by striking ``and'' at the end;
(4) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(15) `guidance' means an agency statement of general
applicability that--
``(A) is not intended to have the force and effect
of law; and
``(B) sets forth a policy on a statutory,
regulatory, or technical issue or an interpretation of
a statutory or regulatory issue;
``(16) `major guidance' means guidance that the
Administrator finds is--
``(A) likely to lead to--
``(i) 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,
productivity, innovation, public health and
safety, or the ability of United States-based
enterprises to compete with foreign-based
enterprises in domestic and export markets; or
``(B) a departure from a prior statutory
interpretation or agency policy;
``(17) `major rule' means any rule that the Administrator
determines is likely to--
``(A) cause an annual effect on the economy of
$100,000,000 or more;
``(B) cause a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or Tribal government agencies, or geographic
regions;
``(C) cause significant adverse effects on
competition, employment, investment, productivity,
innovation, public health and safety, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets; or
``(D) raise novel legal or policy issues arising
out of legal mandates;
``(18) `Office of Information and Regulatory Affairs' means
the office established under section 3503 of title 44 and any
successor to that office; and
``(19) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs.''.
SEC. 3. RULEMAKING.
Section 553 of title 5, United States Code, is amended--
(1) in the section heading, by striking ``Rule making'' and
inserting ``Rulemaking'';
(2) in subsection (a), by striking ``(a) This section
applies'' and inserting the following:
``(a) Applicability.--This section applies''; and
(3) by striking subsections (b) through (e) and inserting
the following:
``(b) Rulemaking Considerations.--In a rulemaking, an agency shall
consider, in addition to other applicable considerations, the
following:
``(1) The legal authority under which a rule may be
proposed, including whether rulemaking is required by statute
or is within the discretion of the agency.
``(2) The nature and significance of the problem the agency
intends to address with a rule.
``(3) Whether existing Federal laws or rules have created
or contributed to the problem the agency may address with a
rule and, if so, whether those Federal laws or rules could be
amended or rescinded to address the problem in whole or in
part.
``(4) A reasonable number of alternatives for or to a new
rule, with the consideration of 3 alternatives presumed to be
reasonable, that--
``(A) meet the objectives of the statutory
provision on which the rulemaking relies, including
substantial alternatives or other responses identified
by the agency or by interested persons; and
``(B) consider not only mandating particular
conduct or manners of compliance, but also--
``(i) specifying performance objectives;
``(ii) establishing economic incentives,
including marketable permits, to encourage
desired behavior;
``(iii) establishing disclosure
requirements that will provide information upon
which choices can be made by the public; or
``(iv) adopting other means of meeting the
objectives of the statutory provision on which
the rulemaking relies without mandating
particular conduct or manners of compliance.
``(5) For any major rule, unless prohibited by law, the
potential costs and benefits associated with potential
alternative rules and other responses considered under
paragraph (4), including quantitative and qualitative analyses
of--
``(A) the direct costs and benefits, with costs and
benefits measured over equal time periods;
``(B) the nature and degree of risks addressed by
the rule and the countervailing risks that might be
posed by agency action; and
``(C) to the extent practicable, the cumulative
costs and benefits and 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 products or services to, or
otherwise conduct business with entities to which the
rule will apply.
``(c) Notice of Proposed Rulemaking.--
``(1) In general.--If an agency determines that the
objectives of the agency require the agency to issue a rule,
the agency shall--
``(A) submit a notice of proposed rulemaking to the
Administrator for review;
``(B) refrain from publishing the notice until the
Administrator concludes the review under subparagraph
(A); and
``(C) at the conclusion of review by the
Administrator, publish a notice of proposed rulemaking
in the Federal Register, which shall include--
``(i) a statement of the time, place, and
nature of any public rulemaking proceedings;
``(ii) a reference to the legal authority
under which the rule is proposed, including the
specific statutory provision on which the
rulemaking relies;
``(iii) the text of the proposed rule;
``(iv) a summary of information known to
the agency concerning the considerations
described in subsection (b); and
``(v) where otherwise consistent with
applicable law, for any major rule--
``(I) a reasoned preliminary
explanation regarding how--
``(aa) the proposed rule
meets the objectives of the
statutory provision on which
the rulemaking relies; and
``(bb) the benefits of the
proposed rule justify the
costs;
``(II) a discussion of--
``(aa) the costs and
benefits of alternatives
considered by the agency under
subsection (b)(4);
``(bb) whether the
alternatives considered by the
agency under subsection (b)(4)
meet the objectives of the
statutory provision on which
the rulemaking relies; and
``(cc) the reasons why the
agency did not propose an
alternative considered by the
agency under subsection (b)(4);
and
``(III) a solicitation of public
comment, including on all issues and
alternatives discussed under subclauses
(I) and (II) and subsection (k)(1)(A).
``(2) Accessibility.--
``(A) In general.--Not later than the date on which
an agency publishes a notice of proposed rulemaking
under paragraph (1), all studies, models, scientific
literature, and other information developed or relied
upon by the agency, and actions taken by the agency to
obtain that information, in connection with the
determination of the agency to propose the rule that is
the subject of the rulemaking shall be placed in the
docket for the proposed rule and made accessible to the
public.
``(B) Information controlled by nongovernmental
person.--With respect to any information to which a
nongovernmental person holds a legal right to prohibit
or limit reproduction, distribution, or public display,
the information shall be--
``(i) placed in the docket through citation
or incorporation by reference, including a
specification of the identity of the
nongovernmental person who holds a legal right
to prohibit or limit reproduction,
distribution, or public display of the
information and the means by which a member of
the public may request a full copy of the
information from that holder; and
``(ii) considered made accessible to the
public after a placement described in clause
(i), provided that the nongovernmental person
who holds a legal right to prohibit or limit
reproduction, distribution, or public display
of the information makes the information
reasonably available upon request in a timely
manner to any member of the public who requests
a copy of the information.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply with respect to information that is exempt
from disclosure under section 552(b).
``(3) Information quality.--If an agency proposes a rule
that rests upon scientific, technical, or economic information,
the agency shall--
``(A) propose the rule on the basis of the best
publicly available scientific, technical, or economic
information; and
``(B) to the maximum extent practicable, use that
information in compliance with the guidelines issued
under section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-
554; 114 Stat. 2763A-154).
``(4) Public comment.--
``(A) In general.--After publishing a notice of
proposed rulemaking under paragraph (1), an agency
shall provide interested persons an opportunity to
participate in the rulemaking through the submission of
written material, data, views, or arguments with or
without opportunity for oral presentation, except that
when a rule is required by statute to be made on the
record after opportunity for an agency hearing,
sections 556 and 557 shall apply.
``(B) Timeline.--
``(i) In general.--Subject to subparagraph
(C), an agency shall provide not less than 60
days, or, with respect to a proposed major
rule, not less than 90 days, for interested
persons to submit written material, data,
views, or arguments under subparagraph (A).
``(ii) Adequate review period.--If a
proposed rule relies on information placed in
the docket through citation or incorporation by
reference as described in paragraph (3)(B), the
comment period required under clause (i) shall
be adequate to allow interested persons to
receive and review that information to inform
their submission.
``(C) Responsive comment period for major rules.--
With respect to a proposed major rule, an interested
person who made a submission under subparagraph (A)
during the comment period under subparagraph (B) with
respect to the rule may, during the period beginning on
the day after the date on which that comment period
closes and ending on the date that is 30 days after
that day, respond to any other submission made by any
other interested person under subparagraph (A) during
the initial comment period.
``(D) Accessibility.--All comments and responses
submitted under this paragraph shall be promptly placed
in the docket and made accessible to the public.
``(5) Change of classification after publication of
notice.--If, after an agency submits for review and publishes
the notice of proposed rulemaking required under paragraph (1),
a proposed rule is determined to be a major rule, the agency
shall--
``(A) publish a notice in the Federal Register with
respect to the change of the classification of the
rule; and
``(B) allow interested persons an additional
opportunity of not less than 30 days to comment on--
``(i) the rule; and
``(ii) the change of the classification of
the rule.
``(6) Requirements for certain communications.--
``(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 subsection (d)(1)(B), the agency, and
any individual acting in an official capacity on behalf
of the agency, may not communicate, and a person who
receives Federal funds from the agency may not use
those funds to communicate, through written, oral,
electronic, or other means, to the public with respect
to the proposed rule in a manner that--
``(i) directly advocates, in support of or
against the proposed rule, for the submission
of information that will form part of the
record for the proposed rule;
``(ii) appeals to the public, or solicits a
third party, to undertake advocacy in support
of or against the proposed rule; or
``(iii) is directly or indirectly for the
purpose of publicity or propaganda within the
United States in a manner that Congress has not
authorized.
``(B) Ex parte communications.--All ex parte
communications between an agency and any stakeholder
that may benefit from a proposed rule of the agency
shall be published in the Federal Register with the
notice of proposed rulemaking for that rule.
``(C) Exception.--The prohibition under
subparagraph (A) shall not apply to a communication
that requests comments on, or provides information
regarding, a proposed rule in an impartial manner.
``(d) Advanced Notice of Proposed Rulemaking for Major Rules.--
``(1) Notice for major rules.--When an agency determines to
initiate a rulemaking that may result in a major rule, the
agency shall--
``(A) establish an electronic docket for that
rulemaking, which may have a physical counterpart; and
``(B) publish an advanced notice of proposed
rulemaking in the Federal Register, which shall, at a
minimum--
``(i) briefly describe the nature and
significance of the problem the agency may
address with the rule, including any data or
categories of data that the agency has
identified as relevant or that the agency
intends to consult for the rule;
``(ii) refer to the legal authority under
which the rule would be proposed, including the
specific statutory provision that authorizes
the rulemaking;
``(iii) invite interested persons to
propose alternatives and other ideas regarding
how best to accomplish the objectives of the
agency in the most effective manner;
``(iv) solicit written data, views, and
arguments from interested persons concerning
the information and issues identified in the
advanced notice;
``(v) provide for a period of not less than
30 days for interested persons to submit
written data, views, and arguments described in
clause (iv) to the agency; and
``(vi) appear in the Federal Register not
later than 90 days before the date on which the
agency publishes a notice of proposed
rulemaking for the rule.
``(2) Accessibility.--All information provided to the
agency under paragraph (1) shall be promptly placed in the
docket and made accessible to the public, unless the
information--
``(A) is information to which the submitter does
not hold a legal right to authorize disclosure; or
``(B) is exempt from disclosure under section
552(b).
``(3) Applicability.--With respect to the alternatives and
other ideas proposed under paragraph (1)(B)(iii)--
``(A) the alternatives and other ideas are for the
benefit of--
``(i) the agency receiving the alternatives
and other ideas; and
``(ii) the public; and
``(B) the agency receiving the alternatives and
other ideas may respond to the alternatives and other
ideas.
``(4) Timetable.--
``(A) In general.--After considering any written
material submitted by interested persons under
paragraph (1), if an agency determines to proceed with
a rulemaking for a major rule, the agency proposing the
rule shall establish a timetable for the rulemaking
that--
``(i) contains intermediate completion
dates for actions of the agency, including--
``(I) the anticipated date on which
the agency shall publish the notice
required under subsection (c)(1) with
respect to the rule; and
``(II) the duration of the comment
period required under subsection
(c)(4), including the date on which the
comment period shall end; and
``(ii) includes a final completion date for
actions by the agency.
``(B) Publication.--The timetable required under
subparagraph (A) shall be published in the electronic
docket established under paragraph (1)(A) with respect
to the rulemaking.
``(C) Consideration of factors.--In establishing
the timetable required under subparagraph (A), an
agency shall consider relevant factors, including--
``(i) the size and complexity of the
rulemaking;
``(ii) the resources available to the
agency;
``(iii) the national significance of the
rulemaking; and
``(iv) all statutory requirements that
govern the timing of the rulemaking.
``(D) Report required.--
``(i) In general.--An agency that fails to
meet an intermediate or final completion date
for an action established under subparagraph
(A) shall submit to Congress and the Director
of the Office of Management and Budget a report
regarding why the agency failed to meet the
completion date.
``(ii) Contents; publication in federal
register.--A report submitted under clause (i)
shall--
``(I) include an amended timetable
for the rulemaking; and
``(II) be published--
``(aa) in the Federal
Register; and
``(bb) in the electronic
docket established under
paragraph (1)(A) with respect
to the rulemaking.
``(E) Changes to intermediate dates published in
electronic docket.--If an agency changes an
intermediate completion date for an action of the
agency established under subparagraph (A)(i), the
agency shall publish in the electronic docket
established under paragraph (1)(A)--
``(i) the updated completion date for the
action; and
``(ii) a brief explanation regarding the
reason for the change to the completion date.
``(5) Notice of determination of other agency course.--
``(A) In general.--If, after publishing the notice
required under paragraph (1), an agency determines not
to issue a major rule, the agency shall--
``(i) publish a notice of determination of
other agency course; and
``(ii) if the agency intends to issue a
rule, comply with the procedures required under
subsection (c).
``(B) Contents.--A notice of determination of other
agency course published under subparagraph (A)(i) shall
include--
``(i) a description of the alternative
response the agency has determined to adopt;
and
``(ii) if the agency intends to issue a
rule, any information required under subsection
(c).
``(e) Final Rules.--
``(1) Net benefits of major rule.--
``(A) In general.--Except as provided in
subparagraph (B), in a rulemaking for a major rule, an
agency shall adopt the alternative considered under
subsection (b)(5) that maximizes net benefits, taking
into consideration--
``(i) cumulative regulatory cost burdens;
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
constitutional or civil rights,
provided that the agency identifies all
such costs and benefits and explains
why those costs and benefits justify
the adoption of the alternative; or
``(II) achieve additional benefits
or cost reductions, provided that the
agency--
``(aa) identifies--
``(AA) all such
additional benefits and
the associated costs of
those benefits; and
``(BB) all such
cost reductions and the
associated benefits of
those cost reductions;
and
``(bb) explains why--
``(AA) the
additional benefits
justify the additional
costs; or
``(BB) the
additional cost
reductions justify any
benefits foregone.
``(C) Rule of construction.--Nothing in
subparagraph (A) may be construed to preclude an agency
from including in an alternative adopted pursuant to
such subparagraph changes made as a result of agency
analysis or review performed under chapter 6 of this
title.
``(2) Publication of notice of final rulemaking.--After
submitting a final rule to the Administrator for review and
obtaining a certification from the Administrator that the
review has concluded, the agency shall publish a notice of
final rulemaking in the Federal Register, which shall include--
``(A) a concise, general statement of the basis and
purpose of the rule and a reference to the legal
authority under which the rule is made, including the
specific statutory provision on which the rulemaking
relies;
``(B) a reasoned determination by the agency
regarding the considerations described in subsection
(b);
``(C) a response to each significant issue raised
in the comments on the proposed rule;
``(D) the internet address of a summary of not more
than 100 words in length of the proposed rule, in plain
language, that shall be posted on the internet website
under section 206(d) of the E-Government Act of 2002
(44 U.S.C. 3501 note) (commonly known as
regulations.gov); and
``(E) with respect to a major rule, a reasoned
determination by the agency that--
``(i) the benefits of the rule advance the
relevant objectives of the statutory provision
on which the rulemaking relies and justify the
costs of the rule; and
``(ii)(I) no other alternative considered
would achieve the relevant objectives of the
statutory provision on which the rulemaking
relies in a manner that more greatly maximizes
net benefits as required under paragraph
(1)(A); or
``(II) the adoption by the agency of a more
costly or less costly rule complies with
paragraph (1)(B).
``(3) Information quality.--If an agency rulemaking rests
upon scientific, technical, or economic information, the agency
shall--
``(A) adopt a final rule on the basis of the best
reasonably available scientific, technical, or economic
information; and
``(B) to the maximum extent practicable, use that
information in compliance with the guidelines issued
under section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-
554; 114 Stat. 2763A-154).
``(4) Accessibility.--
``(A) In general.--Not later than the date on which
an agency publishes a notice of final rulemaking under
paragraph (2), all studies, models, scientific
literature, and other information developed or relied
upon by the agency, and actions taken by the agency to
obtain that information, in connection with the
determination of the agency to finalize the rule that
is the subject of the rulemaking shall be placed in the
docket for the rule and made accessible to the public.
``(B) Information controlled by nongovernmental
person.--With respect to any information to which a
nongovernmental person holds a legal right to prohibit
or limit reproduction, distribution, or public display,
the information shall be--
``(i) placed in the docket through citation
or incorporation by reference, including a
specification of the identity of the
nongovernmental person who holds a legal right
to prohibit or limit reproduction,
distribution, or public display of the
information and the means by which a member of
the public may request a full copy of the
information from that holder; and
``(ii) considered made accessible to the
public after a placement described in clause
(i), provided that the nongovernmental person
who holds a legal right to prohibit or limit
reproduction, distribution, or public display
of the information makes the information
reasonably available upon request in a timely
manner.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply with respect to information that is exempt
from disclosure under section 552(b).
``(5) Rules adopted at the end of a presidential
administration.--
``(A) In general.--During the 60-day period
beginning on a transitional inauguration day (as
defined in section 3349a), with respect to any final
rule that had been placed on file for public inspection
by the Office of the Federal Register or published in
the Federal Register as of the date of the
inauguration, but which had not become effective by the
date of the transitional inauguration day, the agency
issuing the rule may, by order, delay the effective
date of the rule for not more than 90 days for the
purpose of obtaining public comment on whether--
``(i) the rule should be amended or
rescinded; or
``(ii) the effective date of the rule
should be further delayed.
``(B) Opportunity for comment.--If an agency delays
the effective date of a rule under subparagraph (A),
the agency shall give the public not less than 30 days
to submit comments.
``(C) Citation to congressional record.--Not later
than 30 days after a final rule described in
subparagraph (A) goes into effect, 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
Congressional record for the submission required under
section 801(a)(1)(A) of this title with respect to the
final rule.
``(f) Applicability.--
``(1) Primacy of certain rulemaking considerations and
procedures in other federal laws.--
``(A) Considerations.--If a rulemaking is
authorized under a Federal law that requires an agency
to consider, or prohibits an agency from considering, a
factor in a manner that is inconsistent with, or that
conflicts with, the requirements under this section,
for the purposes of this section, the requirement or
prohibition, as applicable, in that other Federal law
shall apply to the agency in the rulemaking.
``(B) Procedural requirements.--If a rulemaking is
authorized under a Federal law that requires an agency
to follow or use, or prohibits an agency from following
or using, a procedure in a manner that is duplicative
of, or that conflicts with, a procedural requirement
under this section, for the purposes of this section,
the requirement or prohibition, as applicable, in that
other Federal law shall apply to the agency in the
rulemaking.
``(2) Guidance and rules of organization.--Except as
otherwise provided by law, this section shall not apply to
guidance or rules of agency organization, procedure, or
practice.
``(3) Exceptions for good cause.--
``(A) Finding of good cause.--
``(i) In general.--If an agency for good
cause finds that compliance with subsection
(c), (d), or (e)(2)(B) before issuing a final
rule is unnecessary, impracticable, or contrary
to the public interest, that subsection shall
not apply and the agency may issue the final
rule or an interim final rule, as applicable,
under subparagraph (B) or (C).
``(ii) Incorporation of good cause
finding.--If an agency makes a finding under
clause (i), the agency shall include that
finding and a detailed statement with respect
to the reasons for that finding in the final
rule or interim final rule, as applicable,
issued by the agency.
``(B) Direct final rules.--
``(i) In general.--Except as provided in
clause (ii), if an agency makes a finding under
subparagraph (A)(i) that compliance with
subsection (c), (d), or (e)(2)(B) before
issuing a final rule is unnecessary, the agency
shall, before issuing the final rule--
``(I) publish in the Federal
Register the text of the final rule,
the brief statement required under
subparagraph (A)(ii), and a notice of
opportunity for public comment;
``(II) establish a comment period
of not less than 30 days for any
interested person to submit written
material, data, views, or arguments
with respect to the final rule; and
``(III) provide notice of the date
on which the rule will take effect.
``(ii) Exception.--An agency that made a
finding described in clause (i) may choose not
to follow the requirements under that clause if
the agency determines that following the
requirements would not expedite the issuance of
the final rule.
``(iii) Adverse comments.--If an agency
receives significant adverse comments with
respect to a rule during the comment period
established under clause (i)(II), the agency
shall--
``(I) withdraw the notice of final
rulemaking published by the agency with
respect to the rule; and
``(II) complete rulemaking in
accordance with subsections (c) through
(e), as applicable.
``(C) Interim final rules.--
``(i) In general.--If an agency for good
cause finds that compliance with subsection
(c), (d), or (e)(2)(B) before issuing a final
rule is impracticable or contrary to the public
interest, the agency shall issue an interim
final rule by--
``(I) publishing the interim final
rule and a request for public comment
in the portion of the Federal Register
relating to final rules; and
``(II) providing a cross-reference
in the portion of the Federal Register
relating to proposed rules that
requests public comment with respect to
the rule not later than 60 days after
the rule is published under subclause
(I).
``(ii) Interim period.--
``(I) In general.--Not later than
180 days after the date on which an
agency issues an interim final rule
under clause (i), the agency shall--
``(aa) rescind the interim
rule;
``(bb) initiate rulemaking
in accordance with subsections
(c) through (e); or
``(cc) take final action to
adopt a final rule.
``(II) No force or effect.--If, as
of the end of the 180-day period
described in subclause (I), an agency
fails to take an action described in
item (aa), (bb), or (cc) of that
subclause, the interim final rule
issued by the agency shall have no
force or effect.
``(4) Exemption for monetary policy.--This section shall
not apply to a rulemaking or to guidance that concerns monetary
policy proposed or implemented by the Board of Governors of the
Federal Reserve System or the Federal Open Market Committee.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to modify, alter, or abridge exclusive
rights held pursuant to title 17.
``(g) Date of Publication.--A final rule, a direct final rule
described in subsection (f)(3)(B), or an interim final rule described
in subsection (f)(3)(C) shall be published not later than 30 days (or,
in the case of a major rule, not later than 60 days) before the
effective date of the rule, except--
``(1) for guidance; or
``(2) as otherwise provided by an agency for good cause and
as published with the rule.
``(h) Right To Petition and Review of Rules.--Each agency shall--
``(1) give interested persons the right to petition for the
issuance, amendment, or repeal of a rule; and
``(2) on a continuing basis, invite interested persons to
submit, by electronic means, suggestions for rules that warrant
retrospective review and possible modification or repeal.
``(i) Rulemaking Guidelines.--
``(1) Assessment of rules.--
``(A) In general.--The Administrator shall
establish guidelines regarding rulemaking as follows:
``(i) Identification of need for rules.--
Guidelines setting forth how needs for
rulemaking should be identified, including--
``(I) whether rulemaking is made
necessary by compelling public need,
such as material failures of private
markets or public institutions to
protect or improve the health and
safety of the public, the environment,
or the well-being of the public; and
``(II) whether rulemaking needs
could be lessened by reliance on
potential State, local, Tribal, or
regional regulatory action or other
responses that could be taken in lieu
of agency action.
``(ii) Assessment of rules.--Guidelines
setting forth how the assessment, including the
quantitative and qualitative assessment, of
proposed and final rules should occur,
including how to determine--
``(I) the costs and benefits of
proposed and final rules and
alternatives to them, including
quantifiable and non-quantifiable costs
and benefits;
``(II) whether proposed and final
rules maximize net benefits;
``(III) estimated impacts on jobs,
wages, competition, innovation, rural
populations, and low-income
populations;
``(IV) other economic issues that
are relevant to rulemaking under this
section or other sections of this part;
and
``(V) risk assessments that are
relevant to rulemaking under this
section and other sections of this
part.
``(iii) Numbers of alternatives.--
Guidelines regarding when it may be reasonable
to consider in a rulemaking more alternatives
than the number presumed to be reasonable under
subsection (b)(4).
``(iv) Adoption of alternatives for major
rules.--Guidelines regarding when it may be
appropriate, in a rulemaking for a major rule,
to adopt an alternative final rule under
subsection (e)(1)(B).
``(v) Administrator review.--Guidelines
regarding the efficient submission and review
of proposed and final rules under subsections
(c)(1) and (e)(2).
``(B) Agency analysis of rules.--
``(i) In general.--The rigor of the cost-
benefit analysis required or recommended by the
guidelines established under subparagraph (A)
shall be commensurate, as determined by the
Administrator, with the economic impact of a
rule.
``(ii) Risk assessment guidelines.--
Guidelines for a risk assessment described in
subparagraph (A)(iv) shall include criteria
for--
``(I) selecting studies and models;
``(II) evaluating and weighing
evidence; and
``(III) conducting peer reviews.
``(C) Updating guidelines.--Not less frequently
than once every 10 years, the Administrator shall
update the guidelines established under subparagraph
(A) to enable each agency to use the best available
techniques to identify, quantify, and evaluate the need
for rulemaking and present and future benefits, costs,
other economic issues, and risks as objectively and
accurately as practicable.
``(2) Simplification of rules.--
``(A) Issuance of guidelines.--The Administrator
shall issue guidelines to promote coordination,
simplification, and harmonization of agency rules
during the rulemaking process.
``(B) Requirements.--The guidelines issued by the
Administrator under subparagraph (A) shall advise each
agency to--
``(i) avoid rules that are inconsistent or
incompatible with, or duplicative of, other
regulations of the agency and those of other
agencies; and
``(ii) draft the rules of the agency to be
simple and easy to understand, with the goal of
minimizing the potential for uncertainty and
litigation arising from the uncertainty.
``(3) Consistency in rulemaking.--
``(A) In general.--To promote consistency in
rulemaking, the Administrator shall issue guidelines to
ensure that rulemaking conducted in whole or in part
under procedures specified in provisions of law other
than those under this section conform with the
procedures set forth in this section to the fullest
extent allowed by law.
``(B) Agency adoption of regulations.--Each agency
shall adopt regulations for the conduct of hearings
consistent with the guidelines issued under this
paragraph.
``(j) Agency Guidance; Procedures To Issue Major Guidance;
Authority To Issue Guidelines for Issuance of Guidance.--
``(1) In general.--Agency guidance shall--
``(A) not be used by an agency to foreclose
consideration of issues as to which the guidance
expresses a conclusion;
``(B) state that the guidance is not legally
binding by including the phrase `The contents of this
document do not have the force and effect of law and do
not, of themselves, bind the public or the agency. This
document is intended only to provide clarity to the
public regarding existing requirements under the law or
agency policies.' on the first page of the document;
and
``(C) be published in a single location on an
internet website designated by the Director at the time
the guidance is issued.
``(2) Procedures to issue major guidance.--Before issuing
any major guidance, an agency shall make and document a
reasoned determination that--
``(A) such guidance is understandable and complies
with relevant statutory objectives and regulatory
provisions; and
``(B) identifies the costs and benefits, including
all costs and benefits to be considered during a
rulemaking as required under subsection (b), of
requiring conduct conforming to such guidance and
assures that such benefits justify such costs.
``(3) Issuance of updated guidance.--
``(A) In general.--The Administrator shall issue
updated guidelines for use by agencies in the issuance
of guidance documents.
``(B) Requirements.--The guidelines issued by the
Administrator under subparagraph (A) shall advise each
agency--
``(i) not to issue guidance documents that
are inconsistent or incompatible with, or
duplicative of, other rules of the agency and
those of other agencies;
``(ii) to draft the guidance documents of
the agency to be simple and easy to understand,
with the goal of minimizing the potential for
uncertainty and litigation arising from the
uncertainty; and
``(iii) how to develop and implement a
strategy to ensure the proper use of guidance
by the agency.
``(k) Major Rule Frameworks.--
``(1) In general.--Beginning on the date that is 180 days
after the date of enactment of this subsection, when an agency
publishes in the Federal Register--
``(A) a proposed major rule, the agency shall
include a potential framework for assessing the rule,
which shall include a general statement of how the
agency intends to measure the effectiveness of the
rule; or
``(B) a final major rule, the agency shall include
a framework for assessing the rule under paragraph (2),
which shall include--
``(i) a clear statement of the regulatory
objectives of the rule, including a summary of
the 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 measure--
``(I) the effectiveness and
benefits of the rule in producing the
regulatory objectives of the rule; and
``(II) the impacts, including any
costs, of the rule on regulated and
other impacted entities;
``(iii) a plan for gathering data regarding
the metrics described in clause (ii) on an
ongoing basis, or at periodic times, including
a method by which the agency will invite the
public to participate in the review process and
seek input from other agencies; and
``(iv) a specific timeframe, as appropriate
to measure the full impact of the rule but not
more than 10 years after the effective date of
the rule, under which the agency shall conduct
the assessment of the rule in accordance with
paragraph (2)(A).
``(2) Assessment.--
``(A) In general.--Each agency shall assess the
data collected under paragraph (1)(B)(iii), using the
methodology set forth in paragraph (1)(B)(ii) or any
other appropriate methodology developed after the
issuance of a final major rule to better determine
whether the regulatory objective was achieved, with
respect to the rule--
``(i) to analyze how the actual benefits
and costs of the rule may have varied from
those anticipated at the time the rule was
issued; and
``(ii) to determine whether--
``(I) the rule is accomplishing the
regulatory objective of the rule;
``(II) the rule has been rendered
unnecessary, taking into
consideration--
``(aa) changes in the
subject area affected by the
rule; and
``(bb) whether the rule
overlaps, duplicates, or
conflicts with--
``(AA) other rules;
or
``(BB) to the
extent feasible, State
and local government
regulations;
``(III) the rule needs to be
modified in order to accomplish the
regulatory objective; and
``(IV) other alternatives to the
rule or modification of the rule could
better achieve the regulatory objective
while imposing a smaller burden on
society or increase cost-effectiveness,
taking into consideration any cost
already incurred.
``(B) Different methodology.--If an agency uses a
methodology other than the methodology under paragraph
(1)(B)(ii) to assess data under subparagraph (A), the
agency shall include as part of the notice required to
be published under subparagraph (D) an explanation of
the changes in circumstances that necessitated the use
of that other methodology.
``(C) Subsequent assessments.--
``(i) In general.--Except as provided in
clause (ii), if, after an assessment of a major
rule under subparagraph (A), an agency
determines that the rule will remain in effect
with or without modification, the agency
shall--
``(I) determine a specific time, as
appropriate to the rule and not more
than 10 years after the date on which
the agency completes the assessment,
under which the agency shall conduct
another assessment of the rule in
accordance with subparagraph (A); and
``(II) if the assessment conducted
under subclause (I) does not result in
a repeal of the rule, periodically
assess the rule in accordance with
subparagraph (A) to ensure that the
rule continues to meet the regulatory
objective.
``(ii) Exemption.--The Administrator may
exempt an agency from conducting a subsequent
assessment of a rule under clause (i) if the
Administrator determines that there is a
foreseeable and apparent need for the rule
beyond the timeframe required under clause
(i)(I).
``(D) Publication.--Not later than 180 days after
the date on which an agency completes an assessment of
a major rule under subparagraph (A), the agency shall
publish a notice of availability of the results of the
assessment in the Federal Register, including the
specific time for any subsequent assessment of the rule
under subparagraph (C)(i), if applicable.
``(3) OIRA oversight.--The Administrator shall--
``(A) issue guidance for agencies regarding the
development of the framework under paragraph (1) and
the conduct of the assessments under paragraph (2)(A);
``(B) oversee the timely compliance of agencies
with this subsection;
``(C) ensure that the results of each assessment
conducted under paragraph (2)(A) are--
``(i) published promptly on a centralized
Federal website; and
``(ii) noticed in the Federal Register in
accordance with paragraph (2)(D);
``(D) ensure that agencies streamline and
coordinate the assessment of major rules with similar
or related regulatory objectives;
``(E) exempt an agency from including the framework
required under paragraph (1)(B) when publishing a final
major rule if the Administrator determines that
compliance with paragraph (1)(B) is unnecessary,
impracticable, or contrary to the public interest, as
described in subsection (f)(3)(A)(i); and
``(F) extend the deadline specified by an agency
for an assessment of a major rule under paragraph
(1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of
not more than 90 days if the agency justifies why the
agency is unable to complete the assessment by that
deadline.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to affect--
``(A) the authority of an agency to assess or
modify a major rule of the agency earlier than the end
of the timeframe specified for the rule under paragraph
(1)(B)(iv); or
``(B) any other provision of law that requires an
agency to conduct retrospective reviews of rules issued
by the agency.
``(5) Applicability.--
``(A) In general.--This subsection shall not apply
to--
``(i) a major rule of an agency--
``(I) that the Administrator
reviewed before the date of enactment
of this subsection;
``(II) for which the agency is
required to conduct a retrospective
review under any other provision of law
that meets or exceeds the requirements
of this subsection, as determined by
the Administrator; or
``(III) for which the authorizing
statute is subject to periodic
reauthorization by Congress not less
frequently than once every 10 years;
``(ii) guidance;
``(iii) routine and administrative rules;
or
``(iv) a rule that is reviewed under
section 2222 of the Economic Growth and
Regulatory Paperwork Reduction Act of 1996 (12
U.S.C. 3311).
``(B) Direct and interim final major rule.--In the
case of a major rule of an agency for which the agency
is not required to issue a notice of proposed
rulemaking in response to an emergency or a statutorily
imposed deadline, the agency shall publish the
framework required under paragraph (1)(B) in the
Federal Register not later than 180 days after the date
on which the agency publishes the rule.
``(6) Recommendations to congress.--If, under an assessment
conducted under paragraph (2), an agency determines that a
major rule should be modified or repealed, the agency may
submit to Congress recommendations for legislation to amend
applicable provisions of law if the agency is prohibited from
modifying or repealing the rule under another provision of law.
``(7) Judicial review.--
``(A) In general.--Judicial review of agency
compliance with this subsection is limited to whether
an agency--
``(i) published the framework for
assessment of a major rule in accordance with
paragraph (1); or
``(ii) completed and published the required
assessment of a major rule in accordance with
subparagraphs (A) and (D) of paragraph (2).
``(B) Remedy available.--In granting relief in an
action brought under subparagraph (A), a court may only
issue an order remanding the major rule to the agency
to comply with paragraph (1) or subparagraph (A) or (D)
of paragraph (2), as applicable.
``(C) Effective date of major rule.--If, in an
action brought under subparagraph (A)(i), a court
determines that the agency did not comply, the major
rule shall take effect notwithstanding any order issued
by the court.
``(l) Authorities and Responsibilities of the Office of Information
and Regulatory Affairs.--
``(1) In general.--The Administrator shall provide
meaningful guidance and oversight, which may include review by
the Office of Information and Regulatory Affairs, to ensure
that each agency issues rules in accordance with the
requirements under this section and other applicable law and do
not conflict with the policies or actions of another agency.
``(2) Notification.--If the Administrator determines that a
major rule of an agency does not comply with the principles and
requirements of this section, is not consistent with other
applicable laws, or conflicts with the policies or actions of
another agency, the Administrator shall--
``(A) identify areas of noncompliance;
``(B) notify the agency; and
``(C) request that the agency comply before the
agency finalizes the major rule concerned.
``(3) Annual statement to congress on agency compliance.--
The Administrator shall submit to Congress, including the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Accountability of the
House of Representatives, an annual written report that, for
the 1-year period preceding the report--
``(A) details compliance by each agency with the
requirements of this section that relate to major
rules, including activities undertaken at the request
of the Administrator to improve compliance; and
``(B) contains an appendix detailing compliance by
each agency.
``(m) Rule of Construction.--Nothing in this section shall be
construed to limit the scope of the authority of the Office of
Information and Regulatory Affairs under subchapter I of chapter 35 of
title 44, section 515 of the Treasury and General Government
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-154),
chapter 8 of this title, or any other law or Executive Order.''.
SEC. 4. SCOPE OF REVIEW.
Section 706 of title 5, United States Code, is amended--
(1) in the first sentence of the matter preceding paragraph
(1), by striking ``To the extent necessary'' and inserting the
following:
``(a) In General.--To the extent necessary''; and
(2) in subsection (a), as so designated--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``, or, when
appropriate, remand a matter to an agency without
setting aside,'' after ``set aside''; and
(C) by striking the flush text following paragraph
(2)(F) and inserting the following:
``(b) Review of Entire Record; Prejudicial Error.--In making a
determination under subsection (a), the court shall review the whole
record or those parts of the record cited by a party, and due account
shall be taken of the rule of prejudicial error.
``(c) Preclusion of Review.--
``(1) In general.--Any action or inaction of the
Administrator under subchapter II of chapter 5, except sections
552 and 552a, shall not be subject to judicial review.
``(2) Rule of construction.--The preclusion of judicial
review under this subsection shall not be construed or used to
construe any other provision of law to provide any cause of
action against the Administrator, except as explicitly provided
by law.
``(d) Review of Certain Guidance.--Agency guidance that does not
interpret a statute or rule may be reviewed only under subsection
(a)(2)(D).
``(e) Agency Interpretation of Rules.--
``(1) Standard of review.--Unless expressly required
otherwise by statute, the reviewing court shall decide all
questions of law de novo, with due regard for the views of the
agency administering the statute and any other agency involved
in the decision making process.
``(2) Weight.--The weight that a reviewing court gives an
interpretation by an agency of a rule of that agency shall
depend on the thoroughness evident in the consideration of the
rule by the agency, the validity of the reasoning of the
agency, and the consistency of the interpretation with earlier
and later pronouncements.''.
SEC. 5. ADDED DEFINITIONS.
Section 701(b) of title 5, United States Code, is amended--
(1) in paragraph (1)(H), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ```guidance','' after
```relief',''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) `substantial evidence' means such relevant evidence,
including the quality, as a reasonable mind might accept as
adequate to support a conclusion in light of the record
considered as a whole.''.
SEC. 6. APPLICATION.
The amendments made by this Act to sections 553, 701(b), and 706 of
title 5, United States Code, shall not apply to any rulemaking, as
defined in section 551 of title 5, United States Code, as amended by
section 2 of this Act, that is pending or completed as of the date of
enactment of this Act.
SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO COPYRIGHTS.
Nothing in this Act, or in the amendments made by this Act, may be
construed as altering, modifying, or abridging an exclusive right
granted under title 17, United States Code.
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Alaska National Interest Lands Conservation Act.--Section
1002(g)(2) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3142(g)(2)) is amended, in the third sentence, by striking
``section 706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
(b) Antarctic Marine Living Resources Convention Act of 1984.--The
Antarctic Marine Living 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)'';
(2) in section 304 (2 U.S.C. 1384)--
(A) in subsection (b)(1), by striking ``section
553(b)'' and inserting ``section 553(c)'';
(B) in subsection (d)(3), by striking ``section
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 inserting
``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 inserting
``section 706(a)(2)(E)''.
(i) Defense Production Act of 1950.--Section 709(b)(1) of the
Defense Production Act of 1950 (50 U.S.C. 4559(b)(1)) is amended by
striking ``for not less than 30 days, consistent with the requirements
of section 553(b)'' and inserting ``in a manner consistent with the
requirements of section 553(c)''.
(j) Endangered Species Act of 1973.--Section 4(b)(3) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended--
(1) in subparagraph (A), in the first sentence, by striking
``section 553(e)'' and inserting ``section 553(h)''; and
(2) in subparagraph (D)(i), in the first sentence, by
striking ``section 553(e)'' and inserting ``section 553(h)''.
(k) Energy Policy Act of 1992.--Section 106(e) of the Energy Policy
Act of 1992 (42 U.S.C. 12712 note) is amended by striking ``(b)(B), and
(d)(3)'' and inserting ``(f)(3), and (g)(2)''.
(l) Expedited Funds Availability Act.--Section 609(a) of the
Expedited Funds Availability Act (12 U.S.C. 4008(a)) is amended, in the
matter preceding paragraph (1), by striking ``section 553(c)'' and
inserting ``section 553''.
(m) Family and Medical Leave Act of 1993.--Section 110(a)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2620(a)(3)) is amended,
in the matter preceding subparagraph (A), by striking ``sections
553(b)(B) and section 553(d)(3)'' and inserting ``subsections (f)(3)
and (g)(2) of section 553''.
(n) Fastener Quality Act.--Section 6(b)(3) of the Fastener Quality
Act (15 U.S.C. 5408(b)(3)) is amended, in the second sentence, by
striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
(o) Federal Food, Drug, and Cosmetic Act.--Section 912(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387l(b)) is amended, in
the second sentence, by striking ``section 706(2)(A)'' and inserting
``section 706(a)(2)(A)''.
(p) Federal Hazardous Substances Act.--Section 3 of the Federal
Hazardous Substances Act (15 U.S.C. 1262) is amended--
(1) in subsection (e)--
(A) in paragraph (1), in the first sentence, by
striking ``(other than clause (B) of the last sentence
of subsection (b) of such section) of title 5 of the
United States Code'' and inserting ``of title 5, United
States Code, other than subsection (f)(3) of such
section,''; and
(B) in paragraph (3)(C), by striking ``paragraph
(2) of section 706'' and inserting ``section
706(a)(2)''; and
(2) in subsection (j), in the first sentence, by striking
``section 553(e)'' and inserting ``section 553(h)''.
(q) Federal Trade Commission Act.--Section 18(e) of the Federal
Trade Commission Act (15 U.S.C. 57a(e)) is amended--
(1) in paragraph (3), in the second sentence of the matter
preceding subparagraph (A), by striking ``section 706(2)'' and
inserting ``section 706(a)(2)''; and
(2) in paragraph (5)(C), in the second sentence, by
striking ``Section 706(2)(E)'' and inserting ``Section
706(a)(2)(E)''.
(r) Flammable Fabrics Act.--The Flammable Fabrics Act (15 U.S.C.
1191 et seq.) is amended--
(1) in section 4(k) (15 U.S.C. 1193(k)), in the first
sentence, by striking ``section 553(e)'' and inserting
``section 553(h)''; and
(2) in section 16(c)(2) (f15 U.S.C. 1203(c)(2)), by
striking ``section 553(b)'' and inserting ``section 553(c)''.
(s) General Education Provisions Act.--Section 411 of the General
Education Provisions Act (20 U.S.C. 1221e-4) is amended, in the second
sentence, by striking ``Notwithstanding the exception provided under
section 553(b) of title 5, such'' and inserting ``Such''.
(t) High Seas Fishing Compliance Act of 1995.--Section 108(d) of
the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5507(d)) is
amended, in the third sentence, by striking ``section 706(2)'' and
inserting ``section 706(a)(2)''.
(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
``(notwithstanding subsections (a)(2), (f)(3), and (g)(2) of
such section)''; and
(2) in section 685 (42 U.S.C. 13643), in the second
sentence, by striking ``(notwithstanding subsections (a)(2),
(b)(B), and (d)(3) of such section)'' and inserting
``(notwithstanding subsections (a)(2), (f)(3), and (g)(2) of
such section)''.
(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.--Section 7(f)(2) of the
International Banking Act of 1978 (12 U.S.C. 3105(f)(2)) is amended by
striking ``paragraph (2)(F)'' and inserting ``subsection (a)(2)(F)''.
(y) Magnuson-Stevens Fishery Conservation and Management Act.--
Section 308(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858(b)) is amended, in the third sentence,
by striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
(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'' and
inserting ``subparagraphs (A) through (E) of section 706(a)(2)
of title''; and
(2) in subsection (d)(2), in the second sentence--
(A) by striking ``Title'' and inserting ``title'';
and
(B) by striking ``subsection (d) of such section
553'' and inserting ``subsection (g) of such section
553''.
(aa) McKinney-Vento Homeless Assistance Act.--Section 433 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11387) is amended, in
the second sentence, by striking ``(notwithstanding subsections (a)(2),
(b)(B), and (d)(3) of such section)'' and inserting ``(notwithstanding
subsections (a)(2), (f)(3), and (g)(2) of such section)''.
(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
(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 ``subparagraphs (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 preceding
subparagraph (A), by striking ``Subparagraph (A) of the
last sentence of section 553(b) of title 5, United
States Code, shall not apply with respect to any
interpretative rule or general statement of policy''
and inserting ``Section 553(c) of title 5, United
States Code, shall apply with respect to guidance'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``Subparagraph (B) of the last
sentence of section 553(b)'' and inserting
``Section 553(f)(3)''; and
(ii) by striking ``an interpretative rule
or a general statement of policy'' and
inserting ``guidance''; and
(C) in paragraph (3), in the matter preceding
subparagraph (A)--
(i) by striking ``The first 2 sentences of
section 553(b)'' and inserting ``Section
553(c)''; and
(ii) by striking ``an interpretative rule,
a general statement of policy,'' and inserting
``guidance'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``section 553(d)'' and
inserting ``section 553(g)''; and
(ii) by striking ``an interpretative rule)
or general statement of policy'' and inserting
``guidance)''; and
(B) in the flush text following paragraph (2), by
striking ``the first 2 sentences of section 553(b)''
and inserting ``section 553(c)'';
(3) in subsection (d), by striking ``an interpretative
rule) and each general statement of policy'' and inserting
``guidance)'';
(4) in subsection (e)--
(A) by striking ``any interpretative rule) or a
general statement of policy'' and inserting
``guidance)''; and
(B) by striking ``or such general statement of
policy'';
(5) in subsection (f)--
(A) by striking ``an interpretative rule) or a
general statement of policy'' and inserting
``guidance)''; and
(B) by striking ``or such general statement of
policy''; and
(6) by adding at the end the following:
``(g) In this section, the term `guidance' has the meaning given
the term in section 551 of title 5, United States Code.''.
(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.--Section 1152(c) of the
Northeast Rail Service Act of 1981 (45 U.S.C. 1105(c)) is amended by
striking ``paragraphs (2) (A), (B), (C), and (D) of section 706, title
5'' and inserting ``subparagraphs (A) through (D) of section 706(a)(2)
of title 5''.
(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 amended 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 section) of title 5
of the United States Code'' and inserting ``of title 5,
United States Code, other than subsection (f)(3) of
such section,''; and
(B) in subsection (b)--
(i) by striking ``of the United States
Code'' each place that term appears and
inserting ``, United States Code''; and
(ii) in paragraph (3), in the first
sentence, by striking ``paragraph (2) of
section 706'' and inserting ``section
706(a)(2)''; and
(2) in section 7(c)(2) (15 U.S.C. 1476(c)(2)), by striking
``section 553(b)'' and inserting ``section 553(c)''.
(kk) Poultry Products Inspection Act.--Section 14(c) of the Poultry
Products Inspection Act (21 U.S.C. 463(c)) is amended by striking
``section 553(c) of title 5, United States Code'' and inserting
``section 553(c)(4) of title 5, United States Code,''.
(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 inserting ``paragraph (2) or (3) of section
553(f)''.
(nn) Regional Rail Reorganization Act of 1973.--Section 216(c)(3)
of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726(c)(3))
is amended, in the fourth sentence, by striking ``section 706(2)'' and
inserting ``section 706(a)(2)''.
(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.--Section 1(a)(2) of the
Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. App.) is
amended by striking ``section 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 section 553(f)(2) of title 5, United States
Code, of guidance or rules of agency organization, procedure,
or practice relating to consultative examinations if such
guidance and rules'';
(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 inserting the following:
``(C) subsection (c) of section 553 of title 5,
United States Code, does not apply pursuant to
subsection (f)(3) of such section.''.
(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 section 553(h)''; and
(ii) in the matter following paragraph (2),
by striking ``section 553(c)'' and inserting
``section 553(c)(4)''; and
(B) in subsection (k)--
(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 section 553(h)''; and
(ii) in the matter following paragraph (7),
by striking ``section 553(c)'' and inserting
``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
(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 inserting ``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 regulation
for purposes of section 553 of title 5'' and inserting ``shall
be subject to section 553 of title 5''; and
(2) in section 70105(c)(3)(B), in the second sentence, by
striking ``section 706(2)(E)'' and inserting ``section
706(a)(2)(E)''.
(aaa) Title 49, United States Code.--Section 60102(b)(6)(C) of
title 49, United States Code, is amended by striking ``section
553(b)(3)(B)'' and inserting ``section 553(f)(3)''.
(bbb) Toxic Substances Control Act.--Section 19(c)(1)(B) of the
Toxic Substances Control Act (15 U.S.C. 2618(c)(1)(B)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``paragraph
(2)(E)'' and inserting ``subsection (a)(2)(E)''; and
(B) in subclause (II), by striking ``paragraph
(2)(E)'' and inserting ``subsection (a)(2)(E)''; and
(2) in clause (ii), by striking ``section 553(c)'' and
inserting ``section 553(e)(2)''.
(ccc) Unfunded Mandates Reform Act of 1995.--Section 401(a)(2)(A)
of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571(a)(2)(A)) is
amended by striking ``section 706(1)'' and inserting ``section
706(a)(1)''.
(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)''.
<all>