,,ii #aafth ,,congress #b;d ,session ,s4 #cbjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjbj,mr4 ,portman introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve agency rulemaking1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,accountability ,act4 #b4 ,definitions ,section #eea of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking rule making and inserting rulemaking2 7#b7 in paragraph 7#f71 by striking rule making and inserting rulemaking2 7#c7 in paragraph 7#ac71 by striking and at the end2 7#d7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7#ae7 guidance means an agency statement of general applicability that-- 7,a7 is not intended to have the force and effect of law2 and 7,b7 sets forth a policy on a statutory1 regulatory1 or technical issue or an interpretation of a statutory or regulatory issue2 7#af7 high-impact rule means any rule that the ,administrator determines is likely to cause an annual effect on the economy of #ejj1jjj1jjj or more1 adjusted once every #e years to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 7#ag7 major guidance means guidance that the ,administrator finds is likely to lead to-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more1 adjusted once every #e years to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or ,tribal government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 public health and safety1 or the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 7#ah7 major rule means any rule that the ,administrator determines is likely to cause-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more1 adjusted once every #e years to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or ,tribal government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 public health and safety1 or the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 7#ai7 ,office of ,information and ,regulatory ,affairs means the office established under section #cejc of title #dd and any successor to that office2 and 7#bj7 ,administrator means the ,administrator of the ,office of ,information and ,regulatory ,affairs4 4 #c4 ,rulemaking ,section #eec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking ,rule making and inserting ,rulemaking2 7#b7 in subsection 7a71 by striking 7a7 ,this section applies and inserting the following3 7a7 ,applicability ,this section applies 2 and 7#c7 by striking subsections 7b7 through 7e7 and inserting the following3 7b7 ,rulemaking considerations ,in a rulemaking1 an agency shall consider1 in addition to other applicable considerations1 the following3 7#a7 ,the legal authority under which a rule may be proposed1 including whether rulemaking is required by statute or is within the discretion of the agency4 7#b7 ,the nature and significance of the problem the agency intends to address with a rule4 7#c7 ,whether existing ,federal laws or rules have created or contributed to the problem the agency may address with a rule and1 if so1 whether those ,federal laws or rules could be amended or rescinded to address the problem in whole or in part4 7#d7 ,a reasonable number of alternatives for or to a new rule1 with the consideration of #c alternatives presumed to be reasonable1 that-- 7,a7 meet the objectives of the statutory provision on which the rulemaking relies1 including substantial alternatives or other responses identified by the agency or by interested persons2 and 7,b7 consider not only mandating particular conduct or manners of compliance1 but also-- 7i7 specifying performance objectives2 7ii7 establishing economic incentives1 including marketable permits1 to encourage desired behavior2 7iii7 establishing disclosure requirements that will provide information upon which choices can be made by the public2 or 7iv7 adopting other means of meeting the objectives of the statutory provision on which the rulemaking relies without mandating particular conduct or manners of compliance4 7#e7 ,for any major rule or high-impact rule1 unless prohibited by law1 the potential costs and benefits associated with potential alternative rules and other responses considered under paragraph 7#d71 including quantitative and qualitative analyses of-- 7,a7 the direct costs and benefits2 7,b7 the nature and degree of risks addressed by the rule and the countervailing risks that might be posed by agency action2 and 7,c7 to the extent practicable1 the cumulative costs and benefits1 and an analysis of the effects that the rule is anticipated to have on entities that purchase products or services from1 sell products or services to1 or otherwise conduct business with entities to which the rule will apply4 7c7 ,notice of proposed rulemaking 7#a7 ,in general ,if an agency determines that the objectives of the agency require the agency to issue a rule1 the agency shall-- 7,a7 submit a notice of proposed rulemaking to the ,administrator for review2 7,b7 refrain from publishing the notice until the ,administrator determines that review by the ,administrator has concluded2 and 7,c7 at the conclusion of review by the ,administrator1 publish a notice of proposed rulemaking in the ,federal ,register1 which shall include-- 7i7 a statement of the time1 place1 and nature of any public rulemaking proceedings2 7ii7 a reference to the legal authority under which the rule is proposed1 including the specific statutory provision on which the rulemaking relies2 7iii7 the text of the proposed rule2 7iv7 a summary of information known to the agency concerning the considerations described in subsection 7b72 and 7v7 where otherwise consistent with applicable law1 for any major rule or high-impact rule-- 7,i7 a reasoned preliminary explanation regarding how-- 7aa7 the proposed rule meets the objectives of the statutory provision on which the rulemaking relies2 and 7bb7 the benefits of the proposed rule justify the costs2 7,,ii7 a discussion of-- 7aa7 the costs and benefits of alternatives considered by the agency under subsection 7b77#d72 7bb7 whether the alternatives considered by the agency under subsection 7b77#d7 meet the objectives of the statutory provision on which the rulemaking relies2 and 7cc7 the reasons why the agency did not propose an alternative considered by the agency under subsection 7b77#d72 and 7,,iii7 a solicitation of public comment1 including on all issues and alternatives discussed under subclauses 7,i7 and 7,,ii7 and subsection 7l77#a77;,a74 7#b7 ,accessibility 7,a7 ,in general ,not later than the date on which an agency publishes a notice of proposed rulemaking under paragraph 7#a71 all studies1 models1 scientific literature1 and other information developed or relied upon by the agency1 and actions taken by the agency to obtain that information1 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 public4 7,b7 ,information controlled by nongovernmental person ,with respect to any information to which a nongovernmental person holds a legal right to prohibit or limit reproduction1 distribution1 or public display1 the information shall be-- 7i7 placed in the docket through citation or incorporation by reference1 including a specification of the identity of the nongovernmental person who holds a legal right to prohibit or limit reproduction1 distribution1 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 holder2 and 7ii7 considered made accessible to the public after a placement described in clause 7i71 provided that the nongovernmental person who holds a legal right to prohibit or limit reproduction1 distribution1 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 information4 7,c7 ,exception ,subparagraphs 7,a7 and 7,b7 shall not apply with respect to information that is exempt from disclosure under section #eeb7;b74 7#c7 ,information quality ,if an agency proposes a rule that rests upon scientific1 technical1 or economic information1 the agency shall-- 7,a7 propose the rule on the basis of the best reasonably available scientific1 technical1 or economic information2 and 7,b7 to the maximum extent practicable1 use that information in compliance with the guidelines issued under section #eae of the ,treasury and ,general ,government ,appropriations ,act1 #bjja 7,public ,law #ajf-eed2 #aad ,stat4 #bgfc;,a-#aed74 7#d7 ,public comment 7,a7 ,in general ,after publishing a notice of proposed rulemaking under paragraph 7#a71 an agency shall provide interested persons an opportunity to participate in the rulemaking through the submission of written material1 data1 views1 or arguments with or without opportunity for oral presentation1 except that-- 7i7 if a public hearing is convened under subsection 7e71 reasonable opportunity for oral presentation shall be provided at the public hearing as provided in subsection 7e72 and 7ii7 when1 other than as provided in subsection 7e71 a rule is required by statute to be made on the record after opportunity for an agency hearing-- 7,i7 sections #eef and #eeg shall apply2 and 7,,ii7 the petition procedures of subsection 7e7 shall not apply4 7,b7 ,timeline 7i7 ,in general ,subject to subparagraph 7,c71 an agency shall provide not less than #fj days1 or1 with respect to a proposed major rule or a proposed high-impact rule1 not less than #ij days1 for interested persons to submit written material1 data1 views1 or arguments under subparagraph 7,a74 7ii7 ,adequate review period ,if a proposed rule relies on information placed in the docket through citation or incorporation by reference as described in paragraph 7#c77;,b71 the comment period required under clause 7i7 shall be adequate to allow interested persons to receive and review that information to inform their submission4 7,c7 ,responsive comment period for major and high-impact rules ,with respect to a proposed major rule or a proposed high-impact rule1 an interested person who made a submission under subparagraph 7,a7 during the comment period under subparagraph 7,b7 with respect to the rule may1 during the period beginning on the day after the date on which that comment period closes and ending on the date that is #cj days after that day1 respond to any other submission made by any other interested person under subparagraph 7,a7 during the initial comment period4 7,d7 ,accessibility ,all comments and responses submitted under this paragraph shall be promptly placed in the docket and made accessible to the public4 7#e7 ,change of classification after publication of notice ,if1 after an agency submits for review and publishes the notice of proposed rulemaking required under paragraph 7#a71 a proposed rule is determined to be a major rule or a high-impact rule1 the agency shall-- 7,a7 publish a notice in the ,federal ,register with respect to the change of the classification of the rule2 and 7,b7 allow interested persons an additional opportunity of not less than #cj days to comment on-- 7i7 the rule2 and 7ii7 the change of the classification of the rule4 7#f7 ,prohibition on certain communications 7,a7 ,in general ,except as provided in subparagraph 7,b71 after an agency publishes a notice of proposed rulemaking required under paragraph 7#a71 or after an agency publishes a notice of initiation of rulemaking under subsection 7d77#a77;,b71 the agency1 and any individual acting in an official capacity on behalf of the agency1 may not communicate1 and a person who receives ,federal funds from the agency may not use those funds to communicate1 through written1 oral1 electronic1 or other means1 to the public with respect to the proposed rule in a manner that-- 7i7 directly advocates1 in support of or against the proposed rule1 for the submission of information that will form part of the record for the proposed rule2 7ii7 appeals to the public1 or solicits a third party1 to undertake advocacy in support of or against the proposed rule2 or 7iii7 is directly or indirectly for the purpose of publicity or propaganda within the ,united ,states in a manner that ,congress has not authorized4 7,b7 ,exception ,the prohibition under subparagraph 7,a7 shall not apply to a communication that requests comments on1 or provides information regarding1 a proposed rule in an impartial manner4 7d7 ,initiation of rulemaking for major and high-,impact rules 7#a7 ,notice for major and high-impact rules ,when an agency determines to initiate a rulemaking that may result in a major rule or a high-impact rule1 the agency shall-- 7,a7 establish an electronic docket for that rulemaking1 which may have a physical counterpart2 and 7,b7 publish a notice of initiation of rulemaking in the ,federal ,register1 which shall-- 7i7 briefly describe the subject and objectives of1 and the problem to be solved by1 the rule2 7ii7 refer to the legal authority under which the rule would be proposed1 including the specific statutory provision that authorizes the rulemaking2 7iii7 invite interested persons to propose alternatives and other ideas regarding how best to accomplish the objectives of the agency in the most effective manner2 7iv7 indicate how interested persons may submit written material for the docket2 and 7v7 appear in the ,federal ,register not later than #ij days before the date on which the agency publishes a notice of proposed rulemaking for the rule4 7#b7 ,accessibility ,all information provided to the agency under paragraph 7#a7 shall be promptly placed in the docket and made accessible to the public1 unless the information-- 7,a7 is information to which the submitter does not hold a legal right to authorize disclosure2 or 7,b7 is exempt from disclosure under section #eeb7;b74 7#c7 ,applicability ,with respect to the alternatives and other ideas proposed under paragraph 7#a77;,b77iii7-- 7,a7 the alternatives and other ideas are for the benefit of-- 7i7 the agency receiving the alternatives and other ideas2 and 7ii7 the public2 and 7,b7 the agency receiving the alternatives and other ideas may respond to the alternatives and other ideas4 7#d7 ,timetable 7,a7 ,in general ,after considering any written material submitted by interested persons under paragraph 7#a71 if an agency determines to proceed with a rulemaking for a major rule or a high-impact rule1 the agency proposing the rule shall establish a timetable for the rulemaking that-- 7i7 contains intermediate completion dates for actions of the agency1 including-- 7,i7 the anticipated date on which the agency shall publish the notice required under subsection 7c77#a7 with respect to the rule2 and 7,,ii7 the duration of the comment period required under subsection 7c77#d71 including the date on which the comment period shall end2 and 7ii7 includes a final completion date for actions by the agency4 7,b7 ,publication ,the timetable required under subparagraph 7,a7 shall be published in the electronic docket established under paragraph 7#a77;,a7 with respect to the rulemaking4 7,c7 ,consideration of factors ,in establishing the timetable required under subparagraph 7,a71 an agency shall consider relevant factors1 including-- 7i7 the size and complexity of the rulemaking2 7ii7 the resources available to the agency2 7iii7 the national significance of the rulemaking2 and 7iv7 all statutory requirements that govern the timing of the rulemaking4 7,d7 ,report required 7i7 ,in general ,an agency that fails to meet an intermediate or final completion date for an action established under subparagraph 7,a7 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 date4 7ii7 ,contents2 publication in federal register ,a report submitted under clause 7i7 shall-- 7,i7 include an amended timetable for the rulemaking2 and 7,,ii7 be published-- 7aa7 in the ,federal ,register2 and 7bb7 in the electronic docket established under paragraph 7#a77;,a7 with respect to the rulemaking4 7,e7 ,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 7,a77i71 the agency shall publish in the electronic docket established under paragraph 7#a77;,a7-- 7i7 the updated completion date for the action2 and 7ii7 a brief explanation regarding the reason for the change to the completion date4 7#e7 ,notice of determination of other agency course 7,a7 ,in general ,if1 after publishing the notice required under paragraph 7#a71 an agency determines not to issue a major rule or a high-impact rule1 the agency shall-- 7i7 publish a notice of determination of other agency course2 and 7ii7 if the agency intends to issue a rule1 comply with the procedures required under subsection 7c74 7,b7 ,contents ,a notice of determination of other agency course published under subparagraph 7,a77i7 shall include-- 7i7 a description of the alternative response the agency has determined to adopt2 and 7ii7 if the agency intends to issue a rule1 any information required under subsection 7c74 7e7 ,public hearing for high-,impact rules 7#a7 ,petition for public hearing 7,a7 ,in general ,before the date on which the comment period closes with respect to a proposed high-impact rule1 an interested person may petition the agency that proposed the rule to hold a public hearing in accordance with this subsection4 7,b7 ,granting and denial of petition 7i7 ,granting of petition ,not later than #cj days after the date on which an agency receives a petition submitted under subparagraph 7,a7 with respect to a rule1 the agency shall grant the petition1 in whole or in part1 if the petition shows that-- 7,i7 the proposed rule is based on conclusions with respect to #a or more specific scientific1 technical1 economic1 or other complex factual issues that are genuinely disputed2 7,,ii7 with respect to a rule that the agency is required to reissue not less frequently than once every #c years1 the interested person submitting the petition could not have raised the disputed factual issues described in subclause 7,i7 during the #e-year period preceding the date on which the petition is submitted2 and 7,,iii7 the resolution of the disputed factual issues described in subclause 7,i7 would likely have an effect on-- 7aa7 the costs and benefits of the proposed rule2 or 7bb7 whether the proposed rule achieves relevant statutory objectives1 including the objectives of the statutory provision on which the rulemaking relies4 7ii7 ,denial of petition ,if an agency denies a petition submitted under subparagraph 7,a7 in whole or in part1 the agency shall include in the rulemaking record an explanation for the denial that is sufficient for judicial review1 including-- 7,i7 findings by the agency that-- 7aa7 there is no genuine dispute as to the factual issues raised by the petition2 or 7bb7 with respect to a rule that the agency is required to reissue not less frequently than once every #c years1 the interested person submitting the petition could have raised the disputed factual issues in the petition during the #e-year period preceding the date on which the petition is submitted2 and 7,,ii7 a reasoned determination by the agency that the factual issues raised by the petition1 even if subject to genuine dispute and not subject to subclause 7,i77bb71 will not have an effect on-- 7aa7 the costs and benefits of the proposed rule2 or 7bb7 whether the proposed rule achieves relevant statutory objectives1 including the objectives of the statutory provision on which the rulemaking relies4 7iii7 ,inclusion in the record ,a petition submitted under subparagraph 7,a7 with respect to a high-impact rule and the decision of an agency with respect to the petition shall be included in the rulemaking record4 7#b7 ,notice of hearing ,not later than #de days before the date on which a hearing is held under this subsection1 an agency shall publish in the ,federal ,register a notice specifying-- 7,a7 the proposed rule to be considered at the hearing2 and 7,b7 the factual issues to be considered at the hearing4 7#c7 ,hearing requirements 7,a7 ,limited nature of hearing ,a hearing held under this subsection shall be limited to-- 7i7 the specific factual issues raised in a petition granted in whole or in part under paragraph 7#a72 and 7ii7 any other factual issues the resolution of which an agency1 in the discretion of the agency1 determines will advance consideration by the agency of the proposed rule4 7,b7 ,procedures 7i7 ,burden of proof ,except as otherwise provided by statute1 a proponent of a rule has the burden of proof in a hearing held under this subsection4 7ii7 ,admission of evidence ,in a hearing held under this subsection1 any documentary or oral evidence may be received1 except that an agency1 as a matter of policy1 shall provide for the exclusion of immaterial or unduly repetitious evidence4 7iii7 ,adoption of rules governing hearings ,to govern a hearing held under this subsection1 each agency shall adopt rules that provide for-- 7,i7 the appointment of an agency official or administrative law judge to preside at the hearing2 7,,ii7 the presentation by interested parties of relevant documentary or oral evidence1 unless the evidence is immaterial or unduly repetitious2 7,,iii7 a reasonable and adequate opportunity for cross-examination by interested parties concerning genuinely disputed factual issues raised by the petition1 provided that1 in the case of multiple interested parties with the same or similar interests1 the agency may require the use of common counsel where the common counsel may adequately represent the interests that will be significantly affected by the proposed rule2 and 7,,iv7 when appropriate1 and to the extent practicable1 the consolidation of proceedings with respect to multiple petitions submitted under this subsection into a single hearing4 7,c7 ,record of hearing ,a transcript of testimony and exhibits1 together with all papers and requests filed in the hearing1 shall constitute the exclusive record for decision of the factual issues addressed in a hearing held under this subsection4 7#d7 ,judicial review 7,a7 ,in general ,failure to petition for a hearing under this subsection shall not preclude judicial review of any claim that could have been raised in the hearing petition or at the hearing4 7,b7 ,timing of judicial review ,there shall be no judicial review of the disposition of a petition by an agency under this subsection until judicial review of the final action of the agency4 7f7 ,final rules 7#a7 ,net benefits of major or high-impact rule 7,a7 ,in general ,except as provided in subparagraph 7,b71 in a rulemaking for a major rule or a high-impact rule1 an agency shall adopt the alternative considered under subsection 7b77#e7 that maximizes net benefits1 taking into consideration only the costs and benefits that arise within the scope of the statutory provision that authorizes the rulemaking4 7,b7 ,exceptions ,in a rulemaking for a major rule or a high-impact rule1 an agency may adopt an alternative other than as required under subparagraph 7,a7 only if-- 7i7 the ,administrator approves the adoption by the agency of the alternative2 and 7ii7 the alternative is adopted to-- 7,i7 account for costs or benefits that cannot be quantified1 including costs or benefits related to constitutional or civil rights1 provided that the agency identifies all such costs and benefits and explains why those costs and benefits justify the adoption of the alternative2 or 7,,ii7 achieve additional benefits or cost reductions1 provided that the agency-- 7aa7 identifies-- 7,,aa7 all such additional benefits and the associated costs of those benefits2 and 7,,bb7 all such cost reductions and the associated benefits of those cost reductions2 and 7bb7 explains why-- 7,,aa7 the additional benefits justify the additional costs2 or 7,,bb7 the additional cost reductions justify any benefits foregone4 7,c7 ,rule of construction ,nothing in subparagraph 7,a7 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 #f of this title4 7#b7 ,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 concluded1 the agency shall publish a notice of final rulemaking in the ,federal ,register1 which shall include-- 7,a7 a concise1 general statement of the basis and purpose of the rule and a reference to the legal authority under which the rule is made1 including the specific statutory provision on which the rulemaking relies2 7,b7 a reasoned determination by the agency regarding the considerations described in subsection 7b72 7,c7 a response to each significant issue raised in the comments on the proposed rule2 and 7,d7 with respect to a major rule or a high-impact rule1 a reasoned determination by the agency that-- 7i7 the benefits of the rule advance the relevant objectives of the statutory provision on which the rulemaking relies and justify the costs of the rule2 and 7ii7 7,i7 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 7#a77;,a72 or 7,,ii7 the adoption by the agency of a more costly or less costly rule complies with paragraph 7#a77;,b74 7#c7 ,information quality ,if an agency rulemaking rests upon scientific1 technical1 or economic information1 the agency shall-- 7,a7 adopt a final rule on the basis of the best reasonably available scientific1 technical1 or economic information2 and 7,b7 to the maximum extent practicable1 use that information in compliance with the guidelines issued under section #eae of the ,treasury and ,general ,government ,appropriations ,act1 #bjja 7,public ,law #ajf-eed2 #aad ,stat4 #bgfc;,a-#aed74 7#d7 ,accessibility 7,a7 ,in general ,not later than the date on which an agency publishes a notice of final rulemaking under paragraph 7#b71 all studies1 models1 scientific literature1 and other information developed or relied upon by the agency1 and actions taken by the agency to obtain that information1 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 public4 7,b7 ,information controlled by nongovernmental person ,with respect to any information to which a nongovernmental person holds a legal right to prohibit or limit reproduction1 distribution1 or public display1 the information shall be-- 7i7 placed in the docket through citation or incorporation by reference1 including a specification of the identity of the nongovernmental person who holds a legal right to prohibit or limit reproduction1 distribution1 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 holder2 and 7ii7 considered made accessible to the public after a placement described in clause 7i71 provided that the nongovernmental person who holds a legal right to prohibit or limit reproduction1 distribution1 or public display of the information makes the information reasonably available upon request in a timely manner4 7,c7 ,exception ,subparagraphs 7,a7 and 7,b7 shall not apply with respect to information that is exempt from disclosure under section #eeb7;b74 7#e7 ,rules adopted at the end of a ,presidential administration 7,a7 ,in general ,during the #fj-;day period beginning on a transitional inauguration day 7as defined in section #ccdi;a71 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 inauguration1 but which had not become effective by the date of the inauguration1 the agency issuing the rule may1 by order1 delay the effective date of the rule for not more than #ij days for the purpose of obtaining public comment on whether-- 7i7 the rule should be amended or rescinded2 or 7ii7 the effective date of the rule should be further delayed4 7,b7 ,opportunity for comment ,if an agency delays the effective date of a rule under subparagraph 7,a71 the agency shall give the public not less than #cj days to submit comments4 7g7 ,applicability 7#a7 ,primacy of certain rulemaking considerations and procedures in other federal laws 7,a7 ,considerations ,if a rulemaking is authorized under a ,federal law that requires an agency to consider1 or prohibits an agency from considering1 a factor in a manner that is inconsistent with1 or that conflicts with1 the requirements under this section1 for the purposes of this section1 the requirement or prohibition1 as applicable1 in that other ,federal law shall apply to the agency in the rulemaking4 7,b7 ,procedural requirements ,if a rulemaking is authorized under a ,federal law that requires an agency to follow or use1 or prohibits an agency from following or using1 a procedure in a manner that is duplicative of1 or that conflicts with1 a procedural requirement under this section1 for the purposes of this section1 the requirement or prohibition1 as applicable1 in that other ,federal law shall apply to the agency in the rulemaking4 7#b7 ,guidance and rules of organization ,except as otherwise provided by law1 this section shall not apply to guidance or rules of agency organization1 procedure1 or practice4 7#c7 ,exceptions for good cause 7,a7 ,finding of good cause 7i7 ,in general ,if an agency for good cause finds that compliance with subsection 7c71 7d71 7e71 or 7f77#b77;,b7 before issuing a final rule is unnecessary1 impracticable1 or contrary to the public interest1 that subsection shall not apply and the agency may issue the final rule or an interim final rule1 as applicable1 under subparagraph 7,b7 or 7,c74 7ii7 ,incorporation of good cause finding ,if an agency makes a finding under clause 7i71 the agency shall include that finding and a brief statement with respect to the reasons for that finding in the final rule or interim final rule1 as applicable1 issued by the agency4 7,b7 ,direct final rules 7i7 ,in general ,except as provided in clause 7ii71 if an agency makes a finding under subparagraph 7,a77i7 that compliance with subsection 7c71 7d71 7e71 or 7f77#b77;,b7 before issuing a final rule is unnecessary1 the agency shall1 before issuing the final rule-- 7,i7 publish in the ,federal ,register the text of the final rule1 the brief statement required under subparagraph 7,a77ii71 and a notice of opportunity for public comment2 7,,ii7 establish a comment period of not less than #cj days for any interested person to submit written material1 data1 views1 or arguments with respect to the final rule2 and 7,,iii7 provide notice of the date on which the rule will take effect4 7ii7 ,exception ,an agency that made a finding described in clause 7i7 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 rule4 7iii7 ,adverse comments ,if an agency receives significant adverse comments with respect to a rule during the comment period established under clause 7i77,,ii71 the agency shall-- 7,i7 withdraw the notice of final rulemaking published by the agency with respect to the rule2 and 7,,ii7 complete rulemaking in accordance with subsections 7c7 through 7f71 as applicable4 7,c7 ,interim final rules 7i7 ,in general ,if an agency for good cause finds that compliance with subsection 7c71 7d71 7e71 or 7f77#b77;,b7 before issuing a final rule is impracticable or contrary to the public interest1 the agency shall issue an interim final rule by-- 7,i7 publishing the interim final rule and a request for public comment in the portion of the ,federal ,register relating to final rules2 and 7,,ii7 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 #fj days after the rule is published under subclause 7,i74 7ii7 ,interim period 7,i7 ,in general ,not later than #ahj days after the date on which an agency issues an interim final rule under clause 7i71 the agency shall-- 7aa7 rescind the interim rule2 7bb7 initiate rulemaking in accordance with subsections 7c7 through 7f72 or 7cc7 take final action to adopt a final rule4 7,,ii7 ,no force or effect ,if1 as of the end of the #ahj-;day period described in subclause 7,i71 an agency fails to take an action described in item 7aa71 7bb71 or 7cc7 of that subclause1 the interim final rule issued by the agency shall have no force or effect4 7#d7 ,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 ,committee4 7#e7 ,rule of construction ,nothing in this subsection shall be construed to modify1 alter1 or abridge exclusive rights held pursuant to title #ag4 7h7 ,date of publication ,a final rule1 a direct final rule described in subsection 7g77#c77;,b71 or an interim final rule described in subsection 7g77#c77;,c7 shall be published not later than #cj days 7or1 in the case of a major rule or a high-impact rule1 not later than #fj days7 before the effective date of the rule1 except-- 7#a7 for guidance2 or 7#b7 as otherwise provided by an agency for good cause and as published with the rule4 7i7 ,right ,to petition and review of rules ,each agency shall-- 7#a7 give interested persons the right to petition for the issuance1 amendment1 or repeal of a rule2 and 7#b7 on a continuing basis1 invite interested persons to submit1 by electronic means1 suggestions for rules that warrant retrospective review and possible modification or repeal4 7j7 ,rulemaking guidelines 7#a7 ,assessment of rules 7,a7 ,in general ,the ,administrator shall establish guidelines regarding rulemaking as follows3 7i7 ,identification of need for rules ,guidelines setting forth how needs for rulemaking should be identified1 including-- 7,i7 whether rulemaking is made necessary by compelling public need1 such as material failures of private markets or public institutions to protect or improve the health and safety of the public1 the environment1 or the well-being of the public2 and 7,,ii7 whether rulemaking needs could be lessened by reliance on potential ,state1 local1 ,tribal1 or regional regulatory action or other responses that could be taken in lieu of agency action4 7ii7 ,assessment of rules ,guidelines setting forth how the assessment1 including the quantitative and qualitative assessment1 of proposed and final rules should occur1 including how to determine-- 7,i7 the costs and benefits of proposed and final rules and alternatives to them1 including quantifiable and non-quantifiable costs and benefits2 7,,ii7 whether proposed and final rules maximize net benefits2 7,,iii7 estimated impacts on jobs1 wages1 competition1 innovation1 and low-income populations2 7,,iv7 other economic issues that are relevant to rulemaking under this section or other sections of this part2 and 7,v7 risk assessments that are relevant to rulemaking under this section and other sections of this part4 7iii7 ,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 7b77#d74 7iv7 ,adoption of alternatives for major or high-impact rules ,guidelines regarding when it may be appropriate1 in a rulemaking for a major or high-impact rule1 to adopt an alternative final rule under subsection 7f77#a77;,b74 7v7 ,administrator review ,guidelines regarding the efficient submission and review of proposed and final rules under subsections 7c77#a7 and 7f77#b740 7,b7 ,agency analysis of rules 7i7 ,in general ,the rigor of the cost-benefit analysis required or recommended by the guidelines established under subparagraph 7,a7 shall be commensurate1 as determined by the ,administrator1 with the economic impact of a rule4 7ii7 ,risk assessment guidelines ,guidelines for a risk assessment described in subparagraph 7,a77iv7 shall include criteria for-- 7,i7 selecting studies and models2 7,,ii7 evaluating and weighing evidence2 and 7,,iii7 conducting peer reviews4 7,c7 ,updating guidelines ,not less frequently than once every #aj years1 the ,administrator shall update the guidelines established under subparagraph 7,a7 to enable each agency to use the best available techniques to identify1 quantify1 and evaluate the need for rulemaking and present and future benefits1 costs1 other economic issues1 and risks as objectively and accurately as practicable4 7#b7 ,simplification of rules 7,a7 ,issuance of guidelines ,the ,administrator shall issue guidelines to promote coordination1 simplification1 and harmonization of agency rules during the rulemaking process4 7,b7 ,requirements ,the guidelines issued by the ,administrator under subparagraph 7,a7 shall advise each agency to-- 7i7 avoid rules that are inconsistent or incompatible with1 or duplicative of1 other regulations of the agency and those of other agencies2 and 7ii7 draft the rules of the agency to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty4 7#c7 ,consistency in rulemaking 7,a7 ,in general ,to promote consistency in rulemaking1 the ,administrator shall-- 7i7 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 law2 and 7ii7 issue guidelines for the adoption of rules under subsection 7e77#c77;,b77iii71 which shall provide a reasonable opportunity for cross-examination1 as described in subsection 7e77#c77;,b77iii77,,iii74 7,b7 ,agency adoption of regulations ,each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this paragraph4 7k7 ,agency guidance2 procedures ,to issue major guidance2 authority ,to issue guidelines for issuance of guidance 7#a7 ,in general ,agency guidance shall-- 7,a7 not be used by an agency to foreclose consideration of issues as to which the guidance expresses a conclusion2 7,b7 state that the guidance is not legally binding2 and 7,c7 at the time the guidance is issued1 or upon request1 be made available by the issuing agency to interested persons and the public4 7#b7 ,procedures to issue major guidance ,before issuing any major guidance1 an agency shall make and document a reasoned determination that-- 7,a7 such guidance is understandable and complies with relevant statutory objectives and regulatory provisions2 and 7,b7 identifies the costs and benefits1 including all costs and benefits to be considered during a rulemaking as required under subsection 7b71 of requiring conduct conforming to such guidance and assures that such benefits justify such costs4 7#c7 ,issuance of updated guidance 7,a7 ,in general ,the ,administrator shall issue updated guidelines for use by agencies in the issuance of guidance documents4 7,b7 ,requirements ,the guidelines issued by the ,administrator under subparagraph 7,a7 shall advise each agency-- 7i7 not to issue guidance documents that are inconsistent or incompatible with1 or duplicative of1 other rules of the agency and those of other agencies2 7ii7 to draft the guidance documents of the agency to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty2 and 7iii7 how to develop and implement a strategy to ensure the proper use of guidance by the agency4 7l7 ,major rule and high-,impact rule frameworks 7#a7 ,in general ,beginning on the date that is #ahj days after the date of enactment of this subsection1 when an agency publishes in the ,federal ,register-- 7,a7 a proposed major rule or a proposed high-impact rule1 the agency shall include a potential framework for assessing the rule1 which shall include a general statement of how the agency intends to measure the effectiveness of the rule2 or 7,b7 a final major rule or a final high-impact rule1 the agency shall include a framework for assessing the rule under paragraph 7#b71 which shall include-- 7i7 a clear statement of the regulatory objectives of the rule1 including a summary of the benefit and cost of the rule2 7ii7 the methodology by which the agency plans to analyze the rule1 including metrics by which the agency can measure-- 7,i7 the effectiveness and benefits of the rule in producing the regulatory objectives of the rule2 and 7,,ii7 the impacts1 including any costs1 of the rule on regulated and other impacted entities2 7iii7 a plan for gathering data regarding the metrics described in clause 7ii7 on an ongoing basis1 or at periodic times1 including a method by which the agency will invite the public to participate in the review process and seek input from other agencies2 and 7iv7 a specific timeframe1 as appropriate to the rule and not more than #aj years after the effective date of the rule1 under which the agency shall conduct the assessment of the rule in accordance with paragraph 7#b77;,a74 7#b7 ,assessment 7,a7 ,in general ,each agency shall assess the data collected under paragraph 7#a77;,b77iii71 using the methodology set forth in paragraph 7#a77;,b77ii7 or any other appropriate methodology developed after the issuance of a final major rule or a final high-impact rule to better determine whether the regulatory objective was achieved1 with respect to the rule-- 7i7 to analyze how the actual benefits and costs of the rule may have varied from those anticipated at the time the rule was issued2 and 7ii7 to determine whether-- 7,i7 the rule is accomplishing the regulatory objective of the rule2 7,,ii7 the rule has been rendered unnecessary1 taking into consideration-- 7aa7 changes in the subject area affected by the rule2 and 7bb7 whether the rule overlaps1 duplicates1 or conflicts with-- 7,,aa7 other rules2 or 7,,bb7 to the extent feasible1 ,state and local government regulations2 7,,iii7 the rule needs to be modified in order to accomplish the regulatory objective2 and 7,,iv7 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-effectiveness1 taking into consideration any cost already incurred4 7,b7 ,different methodology ,if an agency uses a methodology other than the methodology under paragraph 7#a77;,b77ii7 to assess data under subparagraph 7,a71 the agency shall include as part of the notice required to be published under subparagraph 7,d7 an explanation of the changes in circumstances that necessitated the use of that other methodology4 7,c7 ,subsequent assessments 7i7 ,in general ,except as provided in clause 7ii71 if1 after an assessment of a major rule or a high-impact rule under subparagraph 7,a71 an agency determines that the rule will remain in effect with or without modification1 the agency shall-- 7,i7 determine a specific time1 as appropriate to the rule and not more than #aj years after the date on which the agency completes the assessment1 under which the agency shall conduct another assessment of the rule in accordance with subparagraph 7,a72 and 7,,ii7 if the assessment conducted under subclause 7,i7 does not result in a repeal of the rule1 periodically assess the rule in accordance with subparagraph 7,a7 to ensure that the rule continues to meet the regulatory objective4 7ii7 ,exemption ,the ,administrator may exempt an agency from conducting a subsequent assessment of a rule under clause 7i7 if the ,administrator determines that there is a foreseeable and apparent need for the rule beyond the timeframe required under clause 7i77,i74 7,d7 ,publication ,not later than #ahj days after the date on which an agency completes an assessment of a major rule or a high-impact rule under subparagraph 7,a71 the agency shall publish a notice of availability of the results of the assessment in the ,federal ,register1 including the specific time for any subsequent assessment of the rule under subparagraph 7,c77i71 if applicable4 7#c7 ,,oira oversight ,the ,administrator shall-- 7,a7 issue guidance for agencies regarding the development of the framework under paragraph 7#a7 and the conduct of the assessments under paragraph 7#b77;,a72 7,b7 oversee the timely compliance of agencies with this subsection2 7,c7 ensure that the results of each assessment conducted under paragraph 7#b77;,a7 are-- 7i7 published promptly on a centralized ,federal website2 and 7ii7 noticed in the ,federal ,register in accordance with paragraph 7#b77;,d72 7,d7 ensure that agencies streamline and coordinate the assessment of major rules or high-impact rules with similar or related regulatory objectives2 7,e7 exempt an agency from including the framework required under paragraph 7#a77;,b7 when publishing a final major rule or a final high-impact rule if the ,administrator determines that compliance with paragraph 7#a77;,b7 is unnecessary1 impracticable1 or contrary to the public interest1 as described in subsection 7g77#c77;,a77i72 and 7,f7 extend the deadline specified by an agency for an assessment of a major rule or a high-impact rule under paragraph 7#a77;,b77iv7 or paragraph 7#b77;,c77i77,i7 for a period of not more than #ij days if the agency justifies why the agency is unable to complete the assessment by that deadline4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to affect-- 7,a7 the authority of an agency to assess or modify a major rule or a high-impact rule of the agency earlier than the end of the timeframe specified for the rule under paragraph 7#a77;,b77iv72 or 7,b7 any other provision of law that requires an agency to conduct retrospective reviews of rules issued by the agency4 7#e7 ,applicability 7,a7 ,in general ,this subsection shall not apply to-- 7i7 a major rule or a high-impact rule of an agency-- 7,i7 that the ,administrator reviewed before the date of enactment of this subsection2 7,,ii7 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 subsection1 as determined by the ,administrator2 or 7,,iii7 for which the authorizing statute is subject to periodic reauthorization by ,congress not less frequently than once every #aj years2 7ii7 guidance2 7iii7 routine and administrative rules2 or 7iv7 a rule that is reviewed under section #bbbb of the ,economic ,growth and ,regulatory ,paperwork ,reduction ,act of #aiif 7#ab ,u4,s4,c4 #ccaa74 7,b7 ,direct and interim final major rule or high-impact rule ,in the case of a major rule or a high-impact rule of an agency for which the agency is not required to issue a notice of proposed rulemaking in response to an emergency or a statutorily imposed deadline1 the agency shall publish the framework required under paragraph 7#a77;,b7 in the ,federal ,register not later than #ahj days after the date on which the agency publishes the rule4 7#f7 ,recommendations to ,congress ,if1 under an assessment conducted under paragraph 7#b71 an agency determines that a major rule or a high-impact rule should be modified or repealed1 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 law4 7#g7 ,judicial review 7,a7 ,in general ,judicial review of agency compliance with this subsection is limited to whether an agency-- 7i7 published the framework for assessment of a major rule or a high-impact rule in accordance with paragraph 7#a72 or 7ii7 completed and published the required assessment of a major rule or a high-impact rule in accordance with subparagraphs 7,a7 and 7,d7 of paragraph 7#b74 7,b7 ,remedy available ,in granting relief in an action brought under subparagraph 7,a71 a court may only issue an order remanding the major rule or the high-impact rule1 as applicable1 to the agency to comply with paragraph 7#a7 or subparagraph 7,a7 or 7,d7 of paragraph 7#b71 as applicable4 7,c7 ,effective date of major or high-impact rule ,if1 in an action brought under subparagraph 7,a77i71 a court determines that the agency did not comply1 the major rule or the high-impact rule1 as applicable1 shall take effect notwithstanding any order issued by the court4 7m7 ,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 #ce of title #dd1 section #eae of the ,treasury and ,general ,government ,appropriations ,act1 #bjja 7,public ,law #ajf-eed2 #aad ,stat4 #bgfc;,a-#aed71 chapter #h of this title1 or any other law or ,executive ,order4 4 #d4 ,scope of review ,section #gjf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the first sentence of the matter preceding paragraph 7#a71 by striking ,to the extent necessary and inserting the following3 7a7 ,in general ,to the extent necessary 2 and 7#b7 in subsection 7a71 as so designated-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 or1 when appropriate1 remand a matter to an agency without setting aside1 after set aside2 and 7ii7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7,c7 by striking the flush text following paragraph 7#b77;,f7 and inserting the following3 7#c7 with respect to the review of a high-impact rule1 as defined in section #eea7af71 determine whether the factual findings of the agency issuing the rule are supported by substantial evidence4 7b7 ,review of entire record2 prejudicial error ,in making a determination under subsection 7a71 the court shall review the whole record or those parts of the record cited by a party1 and due account shall be taken of the rule of prejudicial error4 7c7 ,preclusion of review 7#a7 ,in general ,any action or inaction of the ,administrator under subchapter ,,ii of chapter #e1 except sections #eeb and #eeb;a1 shall not be subject to judicial review4 7#b7 ,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 ,administrator1 except as explicitly provided by law4 7d7 ,review of certain guidance ,agency guidance that does not interpret a statute or rule may be reviewed only under subsection 7a77#b77;,d74 7e7 ,agency interpretation of rules ,the weight that a reviewing court gives an interpretation by an agency of a rule of that agency shall depend on the thoroughness evident in the consideration of the rule by the agency1 the validity of the reasoning of the agency1 and the consistency of the interpretation with earlier and later pronouncements4 4 #e4 ,added definitions ,section #gja7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,h71 by striking and at the end2 7#b7 in paragraph 7#b7-- 7,a7 by inserting guidance1 after relief12 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of the record considered as a whole4 4 #f4 ,application ,the amendments made by this ,act to sections #eec1 #gja7;b71 and #gjf of title #e1 ,united ,states ,code1 shall not apply to any rulemaking1 as defined in section #eea of title #e1 ,united ,states ,code1 as amended by section #b of this ,act1 that is pending or completed as of the date of enactment of this ,act4 #g4 ,rule of construction with respect to copyrights ,nothing in this ,act1 or in the amendments made by this ,act1 may be construed as altering1 modifying1 or abridging an exclusive right granted under title #ag1 ,united ,states ,code4 #h4 ,technical and conforming amendments 7a7 ,alaska national interest lands conservation act ,section #ajjb7;g77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadb7;g77#b77 is amended1 in the third sentence1 by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e74 7b7 ,antarctic marine living resources convention act of #aihd ,section #cjh7;c7 of the ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#af ,u4,s4,c4 #bdcg7;c77 is amended1 in the third sentence1 by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e74 7c7 ,congressional accountability act of #aiie ,section #dji of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adji7 is amended1 in the first sentence-- 7#a7 by striking section #gjf7b7 and inserting section #gjf7;a77#b72 and 7#b7 by striking section #gjf7b77;,b7 and inserting section #gjf7;a77#b77;,b74 7d7 ,consumer product safety act ,section #i7;i7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeh7;i77 is amended1 in the first sentence1 by striking section #eec7;e7 and inserting section #eec7;i74 7e7 ,deep seabed hard mineral resources act ,section #cjb7;b7 of the ,deep ,seabed ,hard ,mineral ,resources ,act 7#cj ,u4,s4,c4 #adfb7;b77 is amended1 in the third sentence1 by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e74 7f7 ,defense production act of #aiej ,section #gji7;b77#a7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deei7;b77#a77 is amended by striking for not less than #cj days1 consistent with the requirements of section #eec7;b7 and inserting in a manner consistent with the requirements of section #eec7;c74 7g7 ,endangered species act of #aigc ,section #d7;b77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77 is amended-- 7#a7 in subparagraph 7,a71 in the first sentence1 by striking section #eec7;e7 and inserting section #eec7;i72 and 7#b7 in subparagraph 7,d77i71 in the first sentence1 by striking section #eec7;e7 and inserting section #eec7;i74 7h7 ,expedited funds availability act ,section #fji7;a7 of the ,expedited ,funds ,availability ,act 7#ab ,u4,s4,c4 #djjh7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking section #eec7;c7 and inserting section #eec4 7i7 ,fastener quality act ,section #f7;b77#c7 of the ,fastener ,quality ,act 7#ae ,u4,s4,c4 #edjh7;b77#c77 is amended1 in the second sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7j7 ,federal food1 drug1 and cosmetic act ,section #iab7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgl7b77 is amended1 in the second sentence1 by striking section #gjf7b77;,a7 and inserting section #gjf7;a77#b77;,a74 7k7 ,federal hazardous substances act ,section #c of the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfb7 is amended-- 7#a7 in subsection 7e77#a71 in the first sentence1 by striking 7other than clause 7,b7 of the last sentence of subsection 7b7 of such section7 of title #e of the ,united ,states ,code and inserting of title #e1 ,united ,states ,code1 other than subsection 7g77#c7 of such section12 and 7#b7 in subsection 7j71 in the first sentence1 by striking section #eec7;e7 and inserting section #eec7;i74 7l7 ,federal trade commission act ,section #ah7;e7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7e77 is amended-- 7#a7 in paragraph 7#c71 in the second sentence of the matter preceding subparagraph 7,a71 by striking section #gjf7b7 and inserting section #gjf7;a77#b72 and 7#b7 in paragraph 7#e77;,c71 in the second sentence1 by striking ,section #gjf7b77;,e7 and inserting ,section #gjf7;a77#b77;,e74 7m7 ,flammable fabrics act ,the ,flammable ,fabrics ,act 7#ae ,u4,s4,c4 #aaia et seq47 is amended-- 7#a7 in section #d7k7 7#ae ,u4,s4,c4 #aaic7k771 in the first sentence1 by striking section #eec7;e7 and inserting section #eec7;i72 and 7#b7 in section #af7;c77#b7 7#ae ,u4,s4,c4 #abjc7;c77#b771 by striking section #eec7;b7 and inserting section #eec7;c74 7n7 ,general education provisions act ,section #daa of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba;e-#d7 is amended1 in the second sentence1 by striking ,notwithstanding the exception provided under section #eec7;b7 of title #e1 such and inserting ,such4 7o7 ,high seas fishing compliance act of #aiie ,section #ajh7;d7 of the ,high ,seas ,fishing ,compliance ,act of #aiie 7#af ,u4,s4,c4 #eejg7;d77 is amended1 in the third sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7p7 ,housing and community development act of #aiib ,the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #deja et seq47 is amended-- 7#a7 in section #fdc7;b77#c7 7#db ,u4,s4,c4 #acfjc7;b77#c771 in the first sentence1 by striking 7notwithstanding subsections 7a77#b71 7b77,b71 and 7d77#c7 of such section7 and inserting 7notwithstanding subsections 7a77#b71 7g77#c71 and 7h77#b7 of such section72 and 7#b7 in section #fhe 7#db ,u4,s4,c4 #acfdc71 in the second sentence1 by striking 7notwithstanding subsections 7a77#b71 7b77,b71 and 7d77#c7 of such section7 and inserting 7notwithstanding subsections 7a77#b71 7g77#c71 and 7h77#b7 of such section74 7q7 ,international banking act of #aigh ,section #g7;f77#b7 of the ,international ,banking ,act of #aigh 7#ab ,u4,s4,c4 #caje7;f77#b77 is amended by striking paragraph 7#b77;,f7 and inserting subsection 7a77#b77;,f74 7r7 ,magnuson-,stevens fishery conservation and management act ,section #cjh7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh7;b77 is amended1 in the third sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7s7 ,marine mammal protection act of #aigb ,section #aji of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acgi7 is amended-- 7#a7 in subsection 7c77#d71 in the first sentence1 by striking section #gjf7b7 7,a7 through 7,e7 of ,title and inserting subparagraphs 7,a7 through 7,e7 of section #gjf7;a77#b7 of title2 and 7#b7 in subsection 7d77#b71 in the second sentence-- 7,a7 by striking ,title and inserting title2 and 7,b7 by striking subsection 7d7 of such section #eec and inserting subsection 7h7 of such section #eec4 7t7 ,mckinney-,vento homeless assistance act ,section #dcc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aachg7 is amended1 in the second sentence1 by striking 7notwithstanding subsections 7a77#b71 7b77,b71 and 7d77#c7 of such section7 and inserting 7notwithstanding subsections 7a77#b71 7g77#c71 and 7h77#b7 of such section74 7u7 ,migrant and seasonal agricultural worker protection act ,the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq47 is amended-- 7#a7 in section #ajc7;c7 7#bi ,u4,s4,c4 #ahac7;c771 in the third sentence1 by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e72 and 7#b7 in section #ejc7;c7 7#bi ,u4,s4,c4 #ahec7;c771 in the third sentence1 by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e74 7v7 ,milwaukee railroad restructuring act ,the ,milwaukee ,railroad ,restructuring ,act 7#de ,u4,s4,c4 #ija et seq47 is amended-- 7#a7 in section #e7;b77#b7 7#de ,u4,s4,c4 #ijd7;b77#b771 in the second sentence1 by striking sections #gjf7b77;,a71 #gjf7b77;,b71 #gjf7b77;,c71 and #gjf7b77;,d7 of title #e of the ,united ,states ,code and inserting subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of section #gjf7;a77#b7 of title #e1 ,united ,states ,code2 and 7#b7 in section #ag7;b77#b7 7#de ,u4,s4,c4 #iae7;b77#b771 in the second sentence1 by striking sections #gjf7b77;,a71 #gjf7b77;,b71 #gjf7b77;,c71 and #gjf7b77;,d7 of title #e of the ,united ,states ,code and inserting subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of section #gjf7;a77#b7 of title #e1 ,united ,states ,code4 7w7 ,native american programs act of #aigd ,section #had of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biib;b-#a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking ,subparagraph 7,a7 of the last sentence of section #eec7;b7 of title #e1 ,united ,states ,code1 shall not apply with respect to any interpretative rule or general statement of policy and inserting ,section #eec7;c7 of title #e1 ,united ,states ,code1 shall apply with respect to guidance2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,subparagraph 7,b7 of the last sentence of section #eec7;b7 and inserting ,section #eec7;g77#c72 and 7ii7 by striking an interpretative rule or a general statement of policy and inserting guidance2 and 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a7-- 7i7 by striking ,the first #b sentences of section #eec7;b7 and inserting ,section #eec7;c72 and 7ii7 by striking an interpretative rule1 a general statement of policy1 and inserting guidance2 7#b7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking section #eec7;d7 and inserting section #eec7;h72 and 7ii7 by striking an interpretative rule7 or general statement of policy and inserting guidance72 and 7,b7 in the flush text following paragraph 7#b71 by striking the first #b sentences of section #eec7;b7 and inserting section #eec7;c72 7#c7 in subsection 7d71 by striking an interpretative rule7 and each general statement of policy and inserting guidance72 7#d7 in subsection 7e7-- 7,a7 by striking any interpretative rule7 or a general statement of policy and inserting guidance72 and 7,b7 by striking or such general statement of policy2 7#e7 in subsection 7f7-- 7,a7 by striking an interpretative rule7 or a general statement of policy and inserting guidance72 and 7,b7 by striking or such general statement of policy2 and 7#f7 by adding at the end the following3 7g7 ,in this section1 the term guidance has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 4 7x7 ,natural gas policy act of #aigh ,section #ejb7;b7 of the ,natural ,gas ,policy ,act of #aigh 7#ae ,u4,s4,c4 #cdab7;b77 is amended1 in the third sentence1 by striking section #eec7;d77#c7 and inserting section #eec7;h77#b74 7y7 ,noise control act of #aigb ,section #f7;c77#b7 of the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #dije7;c77#b77 is amended by striking the first sentence of section #eec7;c7 and inserting section #eec7;c77#d74 7z7 ,northeast rail service act of #aiha ,section #aaeb7;c7 of the ,northeast ,rail ,service ,act of #aiha 7#de ,u4,s4,c4 #aaje7;c77 is amended by striking paragraphs 7#b7 7,a71 7,b71 7,c71 and 7,d7 of section #gjf1 title #e and inserting subparagraphs 7,a7 through 7,d7 of section #gjf7;a77#b7 of title #e4 7aa7 ,northern pacific halibut act of #aihb ,section #h7;b7 of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;f7b77 is amended1 in the third sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7bb7 ,poison prevention packaging act of #aigj ,the ,poison ,prevention ,packaging ,act of #aigj 7#ae ,u4,s4,c4 #adga et seq47 is amended-- 7#a7 in section #e 7#ae ,u4,s4,c4 #adgd7-- 7,a7 in subsection 7a71 in the first sentence1 by striking 7other than paragraph 7#c77;,b7 of the last sentence of subsection 7b7 of such section7 of title #e of the ,united ,states ,code and inserting of title #e1 ,united ,states ,code1 other than subsection 7g77#c7 of such section12 and 7,b7 in subsection 7b7-- 7i7 by striking of the ,united ,states ,code each place that term appears and inserting 1 ,united ,states ,code2 and 7ii7 in paragraph 7#c71 in the first sentence1 by striking paragraph 7#b7 of section #gjf and inserting section #gjf7;a77#b72 and 7#b7 in section #g7;c77#b7 7#ae ,u4,s4,c4 #adgf7;c77#b771 by striking section #eec7;b7 and inserting section #eec7;c74 7cc7 ,poultry products inspection act ,section #ad7;c7 of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dfc7;c77 is amended by striking section #eec7;c7 of title #e1 ,united ,states ,code and inserting section #eec7;c77#d7 of title #e1 ,united ,states ,code14 7dd7 ,public health service act ,section #bgbc7;b77#b77;,e77iii7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#bb7;b77#b77;,e77iii77 is amended by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e74 7ee7 ,regional rail reorganization act of #aigc ,section #baf7;c77#c7 of the ,regional ,rail ,reorganization ,act of #aigc 7#de ,u4,s4,c4 #gbf7;c77#c77 is amended1 in the fourth sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7ff7 ,social security act ,the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq47 is amended-- 7#a7 in section #bba7;j7 7#db ,u4,s4,c4 #dba7;j771 in the flush text following paragraph 7#c71 by striking in accordance with section #eec7;b77,a7 of title #e1 ,united ,states ,code and all that follows through and statements and inserting in accordance with section #eec7;g77#b7 of title #e1 ,united ,states ,code1 of guidance or rules of agency organization1 procedure1 or practice relating to consultative examinations if such guidance and rules2 and 7#b7 in section #ahga7;b77#b7 7#db ,u4,s4,c4 #acie;hh7b77#b771 by striking subparagraph 7,c7 and inserting the following3 7,c7 subsection 7c7 of section #eec of title #e1 ,united ,states ,code1 does not apply pursuant to subsection 7g77#c7 of such section4 4 7gg7 ,south pacific tuna act of #aihh ,section #h7;b7 of the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc;f7b77 is amended1 in the third sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7hh7 ,tariff act of #aicj ,section #ggg7;f77#e7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;f7f77#e77 is amended1 in the third sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7ii7 ,title #e1 united states code ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #eef7;d71 in the sixth sentence1 by striking rule making and inserting rulemaking2 7#b7 in section #eeg7;b71 in the fourth sentence of the matter preceding paragraph 7#a71 by striking rule making and inserting rulemaking2 7#c7 in section #efb7aa71 by striking means rule making as that term is defined in section #eea7e7 and inserting has the meaning given the term in section #eea2 7#d7 in section #fja7b71 by striking section #eec7;b7 and inserting section #eec7;c72 7#e7 in section #aajc7;b77#a71 by striking section #eec7;b77#a71 7#b71 and 7#c7 and inserting section #eec7;c72 and 7#f7 in section #aaje1 by striking subsections 7b71 7c71 and 7d7 and inserting subsections 7b7 through 7h7 and 7j74 7jj7 ,title #aa1 united states code ,section #aagb7;b7 of title #aa1 ,united ,states ,code1 is amended1 in the second sentence1 by striking sections #gjf7b77;,a71 #gjf7b77;,b71 #gjf7b77;,c71 and #gjf7b77;,d7 of title #e and inserting subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of section #gjf7;a77#b7 of title #e4 7kk7 ,title #ad1 united states code ,section #bejg7;b77#b77;,a7 of title #ad1 ,united ,states ,code1 is amended by striking section #gjf7a7 and inserting section #gjf7;a77#a74 7ll7 ,title #bh1 united states code ,section #cijb of title #bh1 ,united ,states ,code1 is amended1 in the first sentence1 by striking section #gjf7b7 and inserting section #gjf7;a77#b74 7mm7 ,title #da1 united states code ,section #hejc7;a77#b7 of title #da1 ,united ,states ,code1 is amended by striking section #eec7;b7 to 7e7 and inserting section #eec4 7nn7 ,title #df1 united states code ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #adajd7;b71 in the second sentence1 by striking shall be considered to be an interpretive regulation for purposes of section #eec of title #e and inserting shall be subject to section #eec of title #e2 and 7#b7 in section #gjaje7;c77#c77;,b71 in the second sentence1 by striking section #gjf7b77;,e7 and inserting section #gjf7;a77#b77;,e74 7oo7 ,toxic substances control act ,section #ai7;c77#a77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfah7;c77#a77;,b77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,i71 by striking paragraph 7#b77;,e7 and inserting subsection 7a77#b77;,e72 and 7,b7 in subclause 7,,ii71 by striking paragraph 7#b77;,e7 and inserting subsection 7a77#b77;,e72 and 7#b7 in clause 7ii71 by striking section #eec7;c7 and inserting section #eec7;f77#b74 7pp7 ,unfunded mandates reform act of #aiie ,section #dja7;a77#b77;,a7 of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aega7;a77#b77;,a77 is amended by striking section #gjf7a7 and inserting section #gjf7;a77#a74 7qq7 ,united states warehouse act ,section #ac7;d77#b7 of the ,united ,states ,warehouse ,act 7#g ,u4,s4,c4 #beb7;d77#b77 is amended by striking section #gjf7b7 and inserting section #gjf7;a77#b74