; and (21) the Office of Information and Regulatory Affairs means the office established under section 3503 of chapter 35 of title 44 and any successor to that office. . 3. Rule making (a) Section 553(a) of title 5, United States Code, is amended by striking (a) This section applies and inserting (a) Applicability .—This section applies . (b) Section 553 of title 5, United States Code, is amended by striking subsections (b) through (e) and inserting the following: (b) Rule making considerations In a rule making, an agency shall make all preliminary and final factual determinations based on evidence and consider, in addition to other applicable considerations, the following: (1) The legal authority under which a rule may be proposed, including whether a rule making is required by statute, and if so, whether by a specific date, or whether the agency has discretion to commence a rule making. (2) Other statutory considerations applicable to whether the agency can or should propose a rule or undertake other agency action. (3) The specific nature and significance of the problem the agency may address with a rule (including the degree and nature of risks the problem poses and the priority of addressing those risks compared to other matters or activities within the agency’s jurisdiction), whether the problem warrants new agency action, and the countervailing risks that may be posed by alternatives for new agency action. (4) Whether existing rules have created or contributed to the problem the agency may address with a rule and whether those rules could be amended or rescinded to address the problem in whole or part. (5) Any reasonable alternatives for a new rule or other response identified by the agency or interested persons, including not only responses that mandate particular conduct or manners of compliance, but also— (A) the alternative of no Federal response; (B) amending or rescinding existing rules