; 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. . 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to the problem the agency may address with a rule and, if so, whether those Federal laws or rules could be amended or rescinded to address the problem in whole or in part.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