,,ib ,union ,calendar ,no4 #agb #aacth ,,congress #ast ,session ,h4 ,r4 #babb ,report ,no4 #aac-bcg ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac,mr4 ,goodlatte 7for himself1 ,mr4 ,peterson1 ,mr4 ,smith of ,texas1 ,mr4 ,owens1 ,mr4 ,coble1 ,mr4 ,schrader1 and ,mr4 ,bachus7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,september #bh1 #bjac;,additional sponsors3 ,mr4 ,griffin of ,arkansas1 ,mr4 ,barr1 ,mr4 ,sessions1 ,mr4 ,franks of ,arizona1 ,mr4 ,holding1 ,mr4 ,kline1 ,mrs4 ,noem1 ,mrs4 ,bachmann1 ,mr4 ,terry1 ,mr4 ,calvert1 ,mr4 ,cotton1 ,mr4 ,smith of ,missouri1 ,mr4 ,crawford1 ,mr4 ,issa1 ,mr4 ,marchant1 ,mr4 ,rodney ,davis of ,illinois1 and ,mr4 ,gibbs ,september #bh1 #bjac;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to reform the process by which ,federal agencies analyze and formulate new regulations and guidance documents4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,accountability ,act of #bjac4 #b4 ,definitions ,section #eea of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ac71 by striking and at the end2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ae7 major rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to impose-- 7,a7 an annual cost on the economy of #ajj1jjj1jjj or more1 adjusted annually for inflation2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or tribal government agencies1 or geographic regions2 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7,d7 significant impacts on multiple sectors of the economy2 7#af7 high-impact rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to impose an annual cost on the economy of #a1jjj1jjj1jjj or more1 adjusted annually for inflation2 7#ag7 guidance means an agency statement of general applicability and future effect1 other than a regulatory action1 that sets forth a policy on a statutory1 regulatory or technical issue or an interpretation of a statutory or regulatory issue2 7#ah7 major guidance means guidance that the ,administrator of the ,office of ,information and ,regulatory ,affairs finds is likely to lead to-- 7,a7 an annual cost on the economy of #ajj1jjj1jjj or more1 adjusted annually for inflation2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local or tribal government agencies1 or geographic regions2 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7,d7 significant impacts on multiple sectors of the economy2 7#ai7 the ,information ,quality ,act means section #eae of ,public ,law #ajf-eed1 the ,treasury and ,general ,government ,appropriations ,act for ,fiscal ,year #bjja1 and guidelines issued by the ,administrator of the ,office of ,information and ,regulatory ,affairs or other agencies pursuant to the ,act2 and 7#bj7 the ,office of ,information and ,regulatory ,affairs means the office established under section #cejc of chapter #ce of title #dd and any successor to that office4 4 #c4 ,rule making 7a7 ,section #eec7;a7 of title #e1 ,united ,states ,code1 is amended by striking 7a7 ,this section applies and inserting 7a7 ,applicability4--,this section applies4 7b7 ,section #eec of title #e1 ,united ,states ,code1 is amended by striking subsections 7b7 through 7e7 and inserting the following3 7b7 ,rule making considerations ,in a rule making1 an agency shall make all preliminary and final factual determinations based on evidence and consider1 in addition to other applicable considerations1 the following3 7#a7 ,the legal authority under which a rule may be proposed1 including whether a rule making is required by statute1 and if so1 whether by a specific date1 or whether the agency has discretion to commence a rule making4 7#b7 ,other statutory considerations applicable to whether the agency can or should propose a rule or undertake other agency action4 7#c7 ,the specific nature and significance of the problem the agency may address with a rule 7including 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 jurisdiction71 whether the problem warrants new agency action1 and the countervailing risks that may be posed by alternatives for new agency action4 7#d7 ,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 part4 7#e7 ,any reasonable alternatives for a new rule or other response identified by the agency or interested persons1 including not only responses that mandate particular conduct or manners of compliance1 but also-- 7,a7 the alternative of no ,federal response2 7,b7 amending or rescinding existing rules2 7,c7 potential regional1 ,state1 local1 or tribal regulatory action or other responses that could be taken in lieu of agency action2 and 7,d7 potential responses that-- 7i7 specify performance objectives rather than conduct or manners of compliance2 7ii7 establish economic incentives to encourage desired behavior2 7iii7 provide information upon which choices can be made by the public2 or 7iv7 incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance4 7#f7 ,notwithstanding any other provision of law-- 7,a7 the potential costs and benefits associated with potential alternative rules and other responses considered under section #eec7;b77#e71 including direct1 indirect1 and cumulative costs and benefits and estimated impacts on jobs 7including an estimate of the net gain or loss in domestic jobs71 economic growth1 innovation1 and economic competitiveness2 7,b7 means to increase the cost-effectiveness of any ,federal response2 and 7,c7 incentives for innovation1 consistency1 predictability1 lower costs of enforcement and compliance 7to government entities1 regulated entities1 and the public71 and flexibility4 7c7 ,advance notice of proposed rule making for major rules1 high-,impact rules1 and rules involving novel legal or policy issues ,in the case of a rule making for a major rule or high-impact rule or a rule that involves a novel legal or policy issue arising out of statutory mandates1 not later than #ij days before a notice of proposed rule making is published in the ,federal ,register1 an agency shall publish advance notice of proposed rule making in the ,federal ,register4 ,in publishing such advance notice1 the agency shall-- 7#a7 include a written statement identifying1 at a minimum-- 7,a7 the nature and significance of the problem the agency may address with a rule1 including data and other evidence and information on which the agency expects to rely for the proposed rule2 7,b7 the legal authority under which a rule may be proposed1 including whether a rule making is required by statute1 and if so1 whether by a specific date1 or whether the agency has discretion to commence a rule making2 7,c7 preliminary information available to the agency concerning the other considerations specified in subsection 7b72 and 7,d7 in the case of a rule that involves a novel legal or policy issue arising out of statutory mandates1 the nature of and potential reasons to adopt the novel legal or policy position upon which the agency may base a proposed rule2 7#b7 solicit written data1 views or argument from interested persons concerning the information and issues addressed in the advance notice2 and 7#c7 provide for a period of not fewer than #fj days for interested persons to submit such written data1 views1 or argument to the agency4 7d7 ,notices of proposed rule making2 determinations of other agency course 7#a7 ,before it determines to propose a rule1 and following completion of procedures under subsection 7c71 if applicable1 the agency shall consult with the ,administrator of the ,office of ,information and ,regulatory ,affairs4 ,if the agency thereafter determines to propose a rule1 the agency shall publish a notice of proposed rule making1 which shall include-- 7,a7 a statement of the time1 place1 and nature of public rule making proceedings2 7,b7 reference to the legal authority under which the rule is proposed2 7,c7 the terms of the proposed rule2 7,d7 a description of information known to the agency on the subject and issues of the proposed rule1 including but not limited to-- 7i7 a summary of information known to the agency concerning the considerations specified in subsection 7b72 7ii7 a summary of additional information the agency provided to and obtained from interested persons under subsection 7c72 7iii7 a summary of any preliminary risk assessment or regulatory impact analysis performed by the agency2 and 7iv7 information specifically identifying all data1 studies1 models1 and other evidence or information considered or used by the agency in connection with its determination to propose the rule2 7,e7 7i7 a reasoned preliminary determination of need for the rule based on the information described under subparagraph 7,d72 and 7ii7 an additional statement of whether a rule is required by statute2 7,f7 a reasoned preliminary determination that the benefits of the proposed rule meet the relevant statutory objectives and justify the costs of the proposed rule 7including all costs to be considered under subsection 7b77#f771 based on the information described under subparagraph 7,d72 7,g7 a discussion of-- 7i7 the alternatives to the proposed rule1 and other alternative responses1 considered by the agency under subsection 7b72 7ii7 the costs and benefits of those alternatives 7including all costs to be considered under subsection 7b77#f772 7iii7 whether those alternatives meet relevant statutory objectives2 and 7iv7 why the agency did not propose any of those alternatives2 and 7,h7 7i7 a statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule2 and 7ii7 if so1 whether or not the agency proposes to amend or rescind any such rules1 and why4 ,all information provided to or considered by the agency1 and steps to obtain information by the agency1 in connection with its determination to propose the rule1 including any preliminary risk assessment or regulatory impact analysis prepared by the agency and all other information prepared or described by the agency under subparagraph 7,d7 and1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 information provided by that ,office in consultations with the agency1 shall be placed in the docket for the proposed rule and made accessible to the public by electronic means and otherwise for the public's use when the notice of proposed rule making is published4 7#b7 7,a7 ,if the agency undertakes procedures under subsection 7c7 and determines thereafter not to propose a rule1 the agency shall1 following consultation with the ,office of ,information and ,regulatory ,affairs1 publish a notice of determination of other agency course4 ,a notice of determination of other agency course shall include information required by paragraph 7#a77;,d7 to be included in a notice of proposed rule making and a description of the alternative response the agency determined to adopt4 7,b7 ,if in its determination of other agency course the agency makes a determination to amend or rescind an existing rule1 the agency need not undertake additional proceedings under subsection 7c7 before it publishes a notice of proposed rule making to amend or rescind the existing rule4 ,all information provided to or considered by the agency1 and steps to obtain information by the agency1 in connection with its determination of other agency course1 including but not limited to any preliminary risk assessment or regulatory impact analysis prepared by the agency and all other information that would be required to be prepared or described by the agency under paragraph 7#a77;,d7 if the agency had determined to publish a notice of proposed rule making and1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 information provided by that ,office in consultations with the agency1 shall be placed in the docket for the determination and made accessible to the public by electronic means and otherwise for the public's use when the notice of determination is published4 7#c7 ,after notice of proposed rule making required by this section1 the agency shall provide interested persons an opportunity to participate in the rule making through submission of written data1 views1 or arguments with or without opportunity for oral presentation1 except that-- 7,a7 if a hearing is required under paragraph 7#d77;,b7 or subsection 7e71 opportunity for oral presentation shall be provided pursuant to that requirement2 or 7,b7 when other than under subsection 7e7 of this section rules are required by statute or at the discretion of the agency to be made on the record after opportunity for an agency hearing1 sections #eef and #eeg shall apply1 and paragraph 7#d71 the requirements of subsection 7e7 to receive comment outside of the procedures of sections #eef and #eeg1 and the petition procedures of subsection 7e77#f7 shall not apply4 ,the agency shall provide not fewer than #fj days for interested persons to submit written data1 views1 or argument 7or #abj days in the case of a proposed major or high-impact rule74 7#d7 7,a7 ,within #cj days of publication of notice of proposed rule making1 a member of the public may petition for a hearing in accordance with section #eef to determine whether any evidence or other information upon which the agency bases the proposed rule fails to comply with the ,information ,quality ,act4 7,b7 7i7 ,the agency may1 upon review of the petition1 determine without further process to exclude from the rule making the evidence or other information that is the subject of the petition and1 if appropriate1 withdraw the proposed rule4 ,the agency shall promptly publish any such determination4 7ii7 ,if the agency does not resolve the petition under the procedures of clause 7i71 it shall grant any such petition that presents a prima facie case that evidence or other information upon which the agency bases the proposed rule fails to comply with the ,information ,quality ,act1 hold the requested hearing not later than #cj days after receipt of the petition1 provide a reasonable opportunity for cross-examination at the hearing1 and decide the issues presented by the petition not later than #fj days after receipt of the petition4 ,the agency may deny any petition that it determines does not present such a prima facie case4 7,c7 ,there shall be no judicial review of the agency's disposition of issues considered and decided or determined under subparagraph 7,b77ii7 until judicial review of the agency's final action4 ,there shall be no judicial review of an agency's determination to withdraw a proposed rule under subparagraph 7,b77i7 on the basis of the petition4 7,d7 ,failure to petition for a hearing under this paragraph shall not preclude judicial review of any claim based on the ,information ,quality ,act under chapter #g of this title4 7e7 ,hearings for high-,impact rules ,following notice of a proposed rule making1 receipt of comments on the proposed rule1 and any hearing held under subsection 7d77#d71 and before adoption of any high-impact rule1 the agency shall hold a hearing in accordance with sections #eef and #eeg1 unless such hearing is waived by all participants in the rule making other than the agency4 ,the agency shall provide a reasonable opportunity for cross-examination at such hearing4 ,the hearing shall be limited to the following issues of fact1 except that participants at the hearing other than the agency may waive determination of any such issue3 7#a7 ,whether the agency's asserted factual predicate for the rule is supported by the evidence4 7#b7 ,whether there is an alternative to the proposed rule that would achieve the relevant statutory objectives at a lower cost 7including all costs to be considered under subsection 7b77#f77 than the proposed rule4 7#c7 ,if there is more than one alternative to the proposed rule that would achieve the relevant statutory objectives at a lower cost than the proposed rule1 which alternative would achieve the relevant statutory objectives at the lowest cost4 7#d7 ,whether1 if the agency proposes to adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives 7including all costs to be considered under subsection 7b77#f771 the additional benefits of the more costly rule exceed the additional costs of the more costly rule4 7#e7 ,whether the evidence and other information upon which the agency bases the proposed rule meets the requirements of the ,information ,quality ,act4 7#f7 ,upon petition by an interested person who has participated in the rule making1 other issues relevant to the rule making1 unless the agency determines that consideration of the issues at the hearing would not advance consideration of the rule or would1 in light of the nature of the need for agency action1 unreasonably delay completion of the rule making4 ,an agency shall grant or deny a petition under this paragraph within #cj days of its receipt of the petition4 ,no later than #de days before any hearing held under this subsection or sections #eef and #eeg1 the agency shall publish in the ,federal ,register a notice specifying the proposed rule to be considered at such hearing1 the issues to be considered at the hearing1 and the time and place for such hearing1 except that such notice may be issued not later than #ae days before a hearing held under subsection 7d77#d77;,b74 7f7 ,final rules 7#a7 ,the agency shall adopt a rule only following consultation with the ,administrator of the ,office of ,information and ,regulatory ,affairs to facilitate compliance with applicable rule making requirements4 7#b7 ,the agency shall adopt a rule only on the basis of the best reasonably obtainable scientific1 technical1 economic1 and other evidence and information concerning the need for1 consequences of1 and alternatives to the rule4 7#c7 7,a7 ,except as provided in subparagraph 7,b71 the agency shall adopt the least costly rule considered during the rule making 7including all costs to be considered under subsection 7b77#f77 that meets relevant statutory objectives4 7,b7 ,the agency may adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives only if the additional benefits of the more costly rule justify its additional costs and only if the agency explains its reason for doing so based on interests of public health1 safety or welfare that are clearly within the scope of the statutory provision authorizing the rule4 7#d7 ,when it adopts a final rule1 the agency shall publish a notice of final rule making4 ,the notice shall include-- 7,a7 a concise1 general statement of the rule's basis and purpose2 7,b7 the agency's reasoned final determination of need for a rule to address the problem the agency seeks to address with the rule1 including a statement of whether a rule is required by statute and a summary of any final risk assessment or regulatory impact analysis prepared by the agency2 7,c7 the agency's reasoned final determination that the benefits of the rule meet the relevant statutory objectives and justify the rule's costs 7including all costs to be considered under subsection 7b77#f772 7,d7 the agency's reasoned final determination not to adopt any of the alternatives to the proposed rule considered by the agency during the rule making1 including-- 7i7 the agency's reasoned final determination that no alternative considered achieved the relevant statutory objectives with lower costs 7including all costs to be considered under subsection 7b77#f77 than the rule2 or 7ii7 the agency's reasoned determination that its adoption of a more costly rule complies with subsection 7f77#c77;,b72 7,e7 the agency's reasoned final determination-- 7i7 that existing rules have not created or contributed to the problem the agency seeks to address with the rule2 or 7ii7 that existing rules have created or contributed to the problem the agency seeks to address with the rule1 and1 if so-- 7,i7 why amendment or rescission of such existing rules is not alone sufficient to respond to the problem2 and 7,,ii7 whether and how the agency intends to amend or rescind the existing rule separate from adoption of the rule2 7,f7 the agency's reasoned final determination that the evidence and other information upon which the agency bases the rule complies with the ,information ,quality ,act2 and 7,g7 7i7 for any major rule or high-impact rule1 the agency's plan for review of the rule no less than every ten years to determine whether1 based upon evidence1 there remains a need for the rule1 whether the rule is in fact achieving statutory objectives1 whether the rule's benefits continue to justify its costs1 and whether the rule can be modified or rescinded to reduce costs while continuing to achieve statutory objectives2 and 7ii7 review of a rule under a plan required by clause 7i7 of this subparagraph shall take into account the factors and criteria set forth in subsections 7b7 through 7f7 of section #eec of this title4 ,all information considered by the agency in connection with its adoption of the rule1 and1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 information provided by that ,office in consultations with the agency1 shall be placed in the docket for the rule and made accessible to the public for the public's use no later than when the rule is adopted4 7g7 ,exceptions from notice and hearing requirements 7#a7 ,except when notice or hearing is required by statute1 the following do not apply to interpretive rules1 general statements of policy1 or rules of agency organization1 procedure1 or practice3 7,a7 ,subsections 7c7 through 7e74 7,b7 ,paragraphs 7#a7 through 7#c7 of subsection 7f74 7,c7 ,subparagraphs 7,b7 through 7,h7 of subsection 7f77#d74 7#b7 7,a7 ,when the agency for good cause1 based upon evidence1 finds 7and incorporates the finding and a brief statement of reasons therefor in the rules issued7 that compliance with subsection 7c71 7d71 or 7e7 or requirements to render final determinations under subsection 7f7 of this section before the issuance of an interim rule is impracticable or contrary to the public interest1 including interests of national security1 such subsections or requirements to render final determinations shall not apply to the agency's adoption of an interim rule4 7,b7 ,if1 following compliance with subparagraph 7,a7 of this paragraph1 the agency adopts an interim rule1 it shall commence proceedings that comply fully with subsections 7d7 through 7f7 of this section immediately upon publication of the interim rule1 shall treat the publication of the interim rule as publication of a notice of proposed rule making and shall not be required to issue supplemental notice other than to complete full compliance with subsection 7d74 ,no less than #bgj days from publication of the interim rule 7or #ah months in the case of a major rule or high-impact rule71 the agency shall complete rule making under subsections 7d7 through 7f7 of this subsection and take final action to adopt a final rule or rescind the interim rule4 ,if the agency fails to take timely final action1 the interim rule will cease to have the effect of law4 7,c7 ,other than in cases involving interests of national security1 upon the agency's publication of an interim rule without compliance with subsections 7c71 7d71 or 7e7 or requirements to render final determinations under subsection 7f7 of this section1 an interested party may seek immediate judicial review under chapter #g of this title of the agency's determination to adopt such interim rule4 ,the record on such review shall include all documents and information considered by the agency and any additional information presented by a party that the court determines necessary to consider to assure justice4 7#c7 ,when the agency for good cause finds 7and incorporates the finding and a brief statement of reasons therefor in the rules issued7 that notice and public procedure thereon are unnecessary1 including because agency rule making is undertaken only to correct a de minimis technical or clerical error in a previously issued rule or for other noncontroversial purposes1 the agency may publish a rule without compliance with subsections 7c71 7d71 7e71 or 7f77#a7-7c7 and 7f77#d77;,b7-7,f74 ,if the agency receives significant adverse comment within #fj days after publication of the rule1 it shall treat the notice of the rule as a notice of proposed rule making and complete rule making in compliance with subsections 7d7 and 7f74 7h7 ,additional requirements for hearings ,when a hearing is required under subsection 7e7 or is otherwise required by statute or at the agency's discretion before adoption of a rule1 the agency shall comply with the requirements of sections #eef and #eeg in addition to the requirements of subsection 7f7 in adopting the rule and in providing notice of the rule's adoption4 7i7 ,date of publication of rule ,the required publication or service of a substantive final or interim rule shall be made not less than #cj days before the effective date of the rule1 except-- 7#a7 a substantive rule which grants or recognizes an exemption or relieves a restriction2 7#b7 interpretive rules and statements of policy2 or 7#c7 as otherwise provided by the agency for good cause found and published with the rule4 7j7 ,right ,to petition ,each agency shall give an interested person the right to petition for the issuance1 amendment1 or repeal of a rule4 7k7 ,rule making guidelines 7#a7 7,a7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall establish guidelines for the assessment1 including quantitative and qualitative assessment1 of the costs and benefits of proposed and final rules and other economic issues or issues related to risk that are relevant to rule making under this title4 ,the rigor of cost-benefit analysis required by such guidelines shall be commensurate1 in the ,administrator's determination1 with the economic impact of the rule4 7,b7 ,to ensure that agencies use the best available techniques to quantify and evaluate anticipated present and future benefits1 costs1 other economic issues1 and risks as accurately as possible1 the ,administrator of the ,office of ,information and ,regulatory ,affairs shall regularly update guidelines established under paragraph 7#a77;,a7 of this subsection4 7#b7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall also issue guidelines to promote coordination1 simplification and harmonization of agency rules during the rule making process and otherwise4 ,such guidelines shall assure that each agency avoids regulations that are inconsistent or incompatible with1 or duplicative of1 its other regulations and those of other ,federal agencies and drafts its regulations to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 7#c7 ,to ensure consistency in ,federal rule making1 the ,administrator of the ,office of ,information and ,regulatory ,affairs shall-- 7,a7 issue guidelines and otherwise take action to ensure that rule makings conducted in whole or in part under procedures specified in provisions of law other than those of subchapter ,,ii of this title conform to the fullest extent allowed by law with the procedures set forth in section #eec of this title2 and 7,b7 issue guidelines for the conduct of hearings under subsections #eec7;d77#d7 and #eec7;e7 of this section1 including to assure a reasonable opportunity for cross-examination4 ,each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this subparagraph4 7#d7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall issue guidelines pursuant to the ,information ,quality ,act to apply in rule making proceedings under sections #eec1 #eef1 and #eeg of this title4 ,in all cases1 such guidelines1 and the ,administrator's specific determinations regarding agency compliance with such guidelines1 shall be entitled to judicial deference4 7l7 ,inclusion in the record of certain documents and information ,the agency shall include in the record for a rule making1 and shall make available by electronic means and otherwise1 all documents and information prepared or considered by the agency during the proceeding1 including1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 documents and information communicated by that ,office during consultation with the ,agency4 7m7 ,monetary policy exemption ,nothing in subsection 7b77#f71 subparagraphs 7,f7 and 7,g7 of subsection 7d77#a71 subsection 7e71 subsection 7f77#c71 and subparagraphs 7,c7 and 7,d7 of subsection 7f77#e7 shall apply to rule makings that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 4 #d4 ,agency guidance2 procedures to issue major guidance2 presidential authority to issue guidelines for issuance of guidance 7a7 ,in general ,chapter #e of title #e1 ,united ,states ,code1 is amended by inserting after section #eec the following new section3 #eec;a4 ,agency guidance2 procedures to issue major guidance2 authority to issue guidelines for issuance of guidance 7a7 ,before issuing any major guidance1 or guidance that involves a novel legal or policy issue arising out of statutory mandates1 an agency shall-- 7#a7 make and document a reasoned determination that-- 7,a7 assures that such guidance is understandable and complies with relevant statutory objectives and regulatory provisions 7including any statutory deadlines for agency action72 7,b7 summarizes the evidence and data on which the agency will base the guidance2 7,c7 identifies the costs and benefits 7including all costs to be considered during a rule making under section #eec7;b7 of this title7 of conduct conforming to such guidance and assures that such benefits justify such costs2 and 7,d7 describes alternatives to such guidance and their costs and benefits 7including all costs to be considered during a rule making under section #eec7;b7 of this title7 and explains why the agency rejected those alternatives2 and 7#b7 confer with the ,administrator of the ,office of ,information and ,regulatory ,affairs on the issuance of such guidance to assure that the guidance is reasonable1 understandable1 consistent with relevant statutory and regulatory provisions and requirements or practices of other agencies1 does not produce costs that are unjustified by the guidance's benefits1 and is otherwise appropriate4 ,upon issuing major guidance1 or guidance that involves a novel legal or policy issue arising out of statutory mandates1 the agency shall publish the documentation required by subparagraph 7#a7 by electronic means and otherwise4 7b7 ,agency guidance-- 7#a7 is not legally binding and may not be relied upon by an agency as legal grounds for agency action2 7#b7 shall state in a plain1 prominent and permanent manner that it is not legally binding2 and 7#c7 shall1 at the time it is issued or upon request1 be made available by the issuing agency to interested persons and the public by electronic means and otherwise4 ,agencies shall avoid the issuance of guidance that is inconsistent or incompatible with1 or duplicative of1 the agency's governing statutes or regulations1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 7c7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall have authority to issue guidelines for use by the agencies in the issuance of major guidance and other guidance4 ,such guidelines shall assure that each agency avoids issuing guidance documents that are inconsistent or incompatible with1 or duplicative of1 the law1 its other regulations1 or the regulations of other ,federal agencies and drafts its guidance documents to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 4 7b7 ,clerical amendment ,the table of sections for chapter #e of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #eec the following new item3 #eec;a4 ,agency guidance2 procedures to issue major guidance2 authority to issue guidelines for issuance of guidance4 4 #e4 ,hearings2 presiding employees2 powers and duties2 burden of proof2 evidence2 record as basis of decision ,section #eef of title #e1 ,united ,states ,code1 is amended by striking subsection 7e7 and inserting the following3 7e7 7#a7 ,the transcript of testimony and exhibits1 together with all papers and requests filed in the proceeding1 constitutes the exclusive record for decision in accordance with section #eeg and shall be made available to the parties and the public by electronic means and1 upon payment of lawfully prescribed costs1 otherwise4 ,when an agency decision rests on official notice of a material fact not appearing in the evidence in the record1 a party is entitled1 on timely request1 to an opportunity to show the contrary4 7#b7 ,notwithstanding paragraph 7#a7 of this subsection1 in a proceeding held under this section pursuant to section #eec7;d77#d7 or #eec7;e71 the record for decision shall also include any information that is part of the record of proceedings under section #eec4 7f7 ,when an agency conducts rule making under this section and section #eeg directly after concluding proceedings upon an advance notice of proposed rule making under section #eec7;c71 the matters to be considered and determinations to be made shall include1 among other relevant matters and determinations1 the matters and determinations described in subsections 7b7 and 7f7 of section #eec4 7g7 ,upon receipt of a petition for a hearing under this section1 the agency shall grant the petition in the case of any major rule1 unless the agency reasonably determines that a hearing would not advance consideration of the rule or would1 in light of the need for agency action1 unreasonably delay completion of the rule making4 ,the agency shall publish its decision to grant or deny the petition when it renders the decision1 including an explanation of the grounds for decision4 ,the information contained in the petition shall in all cases be included in the administrative record4 ,this subsection shall not apply to rule makings that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 4 #f4 ,actions reviewable ,section #gjd of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,agency action made and inserting 7a7 ,agency action made2 and 7#b7 by adding at the end the following3 8,denial by an agency of a correction request or1 where administrative appeal is provided for1 denial of an appeal1 under an administrative mechanism described in subsection 7b77#b77;,b7 of the ,information ,quality ,act1 or the failure of an agency within #ij days to grant or deny such request or appeal1 shall be final action for purposes of this section4 7b7 ,other than in cases involving interests of national security1 notwithstanding subsection 7a7 of this section1 upon the agency's publication of an interim rule without compliance with section #eec7;c71 7d71 or 7e7 or requirements to render final determinations under subsection 7f7 of section #eec1 an interested party may seek immediate judicial review under this chapter of the agency's determination to adopt such rule on an interim basis4 ,review shall be limited to whether the agency abused its discretion to adopt the interim rule without compliance with section #eec7;c71 7d71 or 7e7 or without rendering final determinations under subsection 7f7 of section #eec4 4 #g4 ,scope of review ,section #gjf of title #e1 ,united ,states ,code is amended-- 7#a7 by striking ,to the extent necessary and inserting 7a7 ,to the extent necessary2 7#b7 in paragraph 7#b77;,a7 of subsection 7a7 7as designated by paragraph 7#a7 of this section71 by inserting after in accordance with law the following3 7including the ,information ,quality ,act72 and 7#c7 by adding at the end the following3 7b7 ,the court shall not defer to the agency's-- 7#a7 interpretation of an agency rule if the agency did not comply with the procedures of section #eec or sections #eef-eeg of chapter #e of this title to issue the interpretation2 7#b7 determination of the costs and benefits or other economic or risk assessment of the action1 if the agency failed to conform to guidelines on such determinations and assessments established by the ,administrator of the ,office of ,information and ,regulatory ,affairs under section #eec7k72 7#c7 determinations made in the adoption of an interim rule2 or 7#d7 guidance4 7c7 ,the court shall review agency denials of petitions under section #eec7;e77#f7 or any other petition for a hearing under sections #eef and #eeg for abuse of agency discretion4 4 #h4 ,added definition ,section #gja7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end1 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 whole1 taking into account whatever in the record fairly detracts from the weight of the evidence relied upon by the agency to support its decision4 4 #i4 ,effective date ,the amendments made by this ,act to-- 7#a7 sections #eec1 #eef1 and #gjd of title #e1 ,united ,states ,code2 7#b7 subsection 7b7 of section #gja of such title2 7#c7 paragraphs 7#b7 and 7#c7 of section #gjf7;b7 of such title2 and 7#d7 subsection 7c7 of section #gjf of such title1 shall not apply to any rule makings pending or completed on the date of enactment of this ,act4 ,september #bh1 #bjac;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed