#aacth ,,congress #b;d ,session ,h4 ,r4 #bhjd ,,an ,,act ,to amend title #e1 ,united ,states ,code1 to require the ,administrator of the ,office of ,information and ,regulatory ,affairs to publish information about rules on the ,internet1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,achieving ,less ,excess in ,regulation and ,requiring ,transparency ,act of #bjad or as the ,,alerrt ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,all ,economic ,regulations are ,transparent ,act ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,office of ,information and ,regulatory ,affairs publication of information relating to rules4 ,title ,,ii--,regulatory ,accountability ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,rule making4 ,sec4 #bjd4 ,agency guidance2 procedures to issue major guidance2 presidential authority to issue guidelines for issuance of guidance4 ,sec4 #bje4 ,hearings2 presiding employees2 powers and duties2 burden of proof2 evidence2 record as basis of decision4 ,sec4 #bjf4 ,actions reviewable4 ,sec4 #bjg4 ,scope of review4 ,sec4 #bjh4 ,added definition4 ,sec4 #bji4 ,effective date4 ,title ,,iii--,regulatory ,flexibility ,improvements ,act ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act4 ,sec4 #cjc4 ,expansion of report of regulatory agenda4 ,sec4 #cjd4 ,requirements providing for more detailed analyses4 ,sec4 #cje4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy4 ,sec4 #cjf4 ,procedures for gathering comments4 ,sec4 #cjg4 ,periodic review of rules4 ,sec4 #cjh4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule4 ,sec4 #cji4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act4 ,sec4 #caj4 ,establishment and approval of small business concern size standards by ,chief ,counsel for ,advocacy4 ,sec4 #caa4 ,clerical amendments4 ,sec4 #cab4 ,agency preparation of guides4 ,sec4 #cac4 ,comptroller ,general report4 ,title ,,iv--,sunshine for ,regulatory ,decrees and ,settlements ,act ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,consent decree and settlement reform4 ,sec4 #djd4 ,motions to modify consent decrees4 ,sec4 #dje4 ,effective date4 ,i ,all ,economic ,regulations are ,transparent ,act #aja4 ,short title ,this title may be cited as the ,all ,economic ,regulations are ,transparent ,act of #bjad or the ,,alert ,act of #bjad4 #ajb4 ,office of ,information and ,regulatory ,affairs publication of information relating to rules 7a7 ,amendment ,title #e1 ,united ,states ,code1 is amended by inserting after chapter #f1 the following new chapter3 #f;,a ,office of ,information and ,regulatory ,affairs ,publication of ,information ,relating to ,rules ,sec4 #fea4 ,agency monthly submission to ,office of ,information and ,regulatory ,affairs4 #feb4 ,office of ,information and ,regulatory ,affairs ,publications4 #fec4 ,requirement for rules to appear in agency-specific monthly publication4 #fed4 ,definitions4 #fea4 ,agency monthly submission to ,office of ,information and ,regulatory ,affairs ,on a monthly basis1 the head of each agency shall submit to the ,administrator of the ,office of ,information and ,regulatory ,affairs 7referred to in this chapter as the ,administrator71 in such a manner as the ,administrator may reasonably require1 the following information3 7#a7 ,for each rule that the agency expects to propose or finalize during the following year3 7,a7 ,a summary of the nature of the rule1 including the regulation identifier number and the docket number for the rule4 7,b7 ,the objectives of and legal basis for the issuance of the rule1 including-- 7i7 any statutory or judicial deadline2 and 7ii7 whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rule making1 and if not1 whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rule making4 7,c7 ,whether the agency plans to claim an exemption from the requirements of section #eec pursuant to section #eec7;b77,b74 7,d7 ,the stage of the rule making as of the date of submission4 7,e7 ,whether the rule is subject to review under section #faj4 7#b7 ,for any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rule making-- 7,a7 an approximate schedule for completing action on the rule2 7,b7 an estimate of whether the rule will cost-- 7i7 less than #ej1jjj1jjj2 7ii7 #ej1jjj1jjj or more but less than #ajj1jjj1jjj2 7iii7 #ajj1jjj1jjj or more but less than #ejj1jjj1jjj2 7iv7 #ejj1jjj1jjj or more but less than #a1jjj1jjj1jjj2 7v7 #a1jjj1jjj1jjj or more but less than #e1jjj1jjj1jjj2 7vi7 #e1jjj1jjj1jjj or more but less than #aj1jjj1jjj1jjj2 or 7vii7 #aj1jjj1jjj1jjj or more2 and 7,c7 any estimate of the economic effects of the rule1 including any estimate of the net effect that the rule will have on the number of jobs in the ,united ,states1 that was considered in drafting the rule4 ,if such estimate is not available1 a statement affirming that no information on the economic effects1 including the effect on the number of jobs1 of the rule has been considered4 #feb4 ,office of ,information and ,regulatory ,affairs ,publications 7a7 ,agency-,specific information published monthly ,not later than #cj days after the submission of information pursuant to section #fea1 the ,administrator shall make such information publicly available on the ,internet4 7b7 ,cumulative assessment of agency rule making published annually 7#a7 ,publication in the ,federal ,register ,not later than ,october #a of each year1 the ,administrator shall publish in the ,federal ,register1 for the previous year the following3 7,a7 ,the information that the ,administrator received from the head of each agency under section #fea4 7,b7 ,the number of rules and a list of each such rule-- 7i7 that was proposed by each agency1 including1 for each such rule1 an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule2 and 7ii7 that was finalized by each agency1 including for each such rule an indication of whether-- 7,i7 the issuing agency conducted an analysis of the costs or benefits of the rule2 7,,ii7 the agency claimed an exemption from the procedures under section #eec pursuant to section #eec7;b77,b72 and 7,,iii7 the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law4 7,c7 ,the number of agency actions and a list of each such action taken by each agency that-- 7i7 repealed a rule2 7ii7 reduced the scope of a rule2 7iii7 reduced the cost of a rule2 or 7iv7 accelerated the expiration date of a rule4 7,d7 ,the total cost 7without reducing the cost by any offsetting benefits7 of all rules proposed or finalized1 and the number of rules for which an estimate of the cost of the rule was not available4 7#b7 ,publication on the ,internet ,not later than ,october #a of each year1 the ,administrator shall make publicly available on the ,internet the following3 7,a7 ,the analysis of the costs or benefits1 if conducted1 for each proposed rule or final rule issued by an agency for the previous year4 7,b7 ,the docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year4 7,c7 ,the number of rules and a list of each such rule reviewed by the ,director of the ,office of ,management and ,budget for the previous year1 and the authority under which each such review was conducted4 7,d7 ,the number of rules and a list of each such rule for which the head of an agency completed a review under section #faj for the previous year4 7,e7 ,the number of rules and a list of each such rule submitted to the ,comptroller ,general under section #hja4 7,f7 ,the number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the ,house of ,representatives or the ,senate under section #hjb4 #fec4 ,requirement for rules to appear in agency-specific monthly publication 7a7 ,in general ,subject to subsection 7b71 a rule may not take effect until the information required to be made publicly available on the ,internet regarding such rule pursuant to section #feb7;a7 has been so available for not less than #f months4 7b7 ,exceptions ,the requirement of subsection 7a7 shall not apply in the case of a rule-- 7#a7 for which the agency issuing the rule claims an exception under section #eec7;b77,b72 or 7#b7 which the ,president determines by ,executive order should take effect because the rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 #fed4 ,definitions ,in this chapter1 the terms agency1 agency action1 rule1 and rule making have the meanings given those terms in section #eea4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #e1 the following3 #f4 ,the ,analysis of ,regulatory ,functions#fja #f;,a4 ,office of ,information and ,regulatory ,affairs ,publication of ,information ,relating to ,rules#fea 4 7c7 ,effective dates 7#a7 ,agency monthly submission to the ,office of ,information and ,regulatory ,affairs ,the first submission required pursuant to section #fea of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall be submitted not later than #cj days after the date of the enactment of this title1 and monthly thereafter4 7#b7 ,cumulative assessment of agency rule making 7,a7 ,in general ,subsection 7b7 of section #feb of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #fj days after the date of the enactment of this title4 7,b7 ,deadline ,the first requirement to publish or make available1 as the case may be1 under subsection 7b7 of section #feb of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall be the first ,october #a after the effective date of such subsection4 7,c7 ,first publication ,the requirement under section #feb7;b77#b77;,a7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall include for the first publication1 any analysis of the costs or benefits conducted for a proposed or final rule1 for the #aj years before the date of the enactment of this title4 7#c7 ,requirement for rules to appear in agency-specific monthly publication ,section #fec of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #h months after the date of the enactment of this title4 ,,ii ,regulatory ,accountability ,act #bja4 ,short title ,this title may be cited as the ,regulatory ,accountability ,act of #bjad4 #bjb4 ,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 negative-impact on jobs and wages rule means any rule that the agency that made the rule or the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to-- 7,a7 in one or more sectors of the economy that has a #f-;digit code under the ,north ,american ,industry ,classification ,system1 reduce employment not related to new regulatory compliance by #a percent or more annually during the #a-year1 #e-year1 or #aj-year period after implementation2 7,b7 in one or more sectors of the economy that has a #f-;digit code under the ,north ,american ,industry ,classification ,system1 reduce average weekly wages for employment not related to new regulatory compliance by #a percent or more annually during the #a-year1 #e-year1 or #aj-year period after implementation2 7,c7 in any industry area 7as such term is defined in the ,current ,population ,survey conducted by the ,bureau of ,labor ,statistics7 in which the most recent annual unemployment rate for the industry area is greater than #e percent1 as determined by the ,bureau of ,labor ,statistics in the ,current ,population ,survey1 reduce employment not related to new regulatory compliance during the first year after implementation2 or 7,d7 in any industry area in which the ,bureau of ,labor ,statistics projects in the ,occupational ,employment ,statistics program that the employment level will decrease by #a percent or more1 further reduce employment not related to new regulatory compliance during the first year after implementation2 7#ah7 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#ai7 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#bj7 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#ba7 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 #bjc4 ,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 wages1 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 negative-,impact on jobs and wages rules1 and rules involving novel legal or policy issues ,in the case of a rule making for a major rule1 a high-impact rule1 a negative-impact on jobs and wages rule1 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 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 and 7,e7 an achievable objective for the rule and metrics by which the agency will measure progress toward that objective2 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 7ii7 an additional statement of whether a rule is required by statute2 and 7iii7 an achievable objective for the rule and metrics by which the agency will measure progress toward that objective2 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 7,g7 the agency's reasoned final determination that the rule meets the objectives that the agency identified in subsection 7d77#a77;,e77iii7 or that other objectives are more appropriate in light of the full administrative record and the rule meets those objectives2 7,h7 the agency's reasoned final determination that it did not deviate from the metrics the agency included in subsection 7d77#a77;,e77iii7 or that other metrics are more appropriate in light of the full administrative record and the agency did not deviate from those metrics2 7,i7 7i7 for any major rule1 high-impact rule1 or negative-impact on jobs and wages 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 title2 and 7,j7 for any negative-impact on jobs and wages rule1 a statement that the head of the agency that made the rule approved the rule knowing about the findings and determination of the agency or the ,administrator of the ,office of ,information and ,regulatory ,affairs that qualified the rule as a negative impact on jobs and wages rule4 ,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 subsection 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 subsection 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 #bjd4 ,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 #bje4 ,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 #bjf4 ,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 #bjg4 ,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 #bjh4 ,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 #bji4 ,effective date ,the amendments made by this title 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 title4 ,,iii ,regulatory ,flexibility ,improvements ,act #cja4 ,short title ,this title may be cited as the ,regulatory ,flexibility ,improvements ,act of #bjad4 #cjb4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act 7a7 ,in general ,paragraph 7#b7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,rule ,the term rule has the meaning given such term in section #eea7d7 of this title1 except that such term does not include a rule pertaining to the protection of the rights of and benefits for veterans or a rule of particular 7and not general7 applicability relating to rates1 wages1 corporate or financial structures or reorganizations thereof1 prices1 facilities1 appliances1 services1 or allowances therefor or to valuations1 costs or accounting1 or practices relating to such rates1 wages1 structures1 prices1 appliances1 services1 or allowances4 4 7b7 ,inclusion of rules with indirect effects ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#i7 ,economic impact ,the term economic impact means1 with respect to a proposed or final rule-- 7,a7 any direct economic effect on small entities of such rule2 and 7,b7 any indirect economic effect 7including compliance costs and effects on revenue7 on small entities which is reasonably foreseeable and results from such rule 7without regard to whether small entities will be directly regulated by the rule74 4 7c7 ,inclusion of rules with beneficial effects 7#a7 ,initial regulatory flexibility analysis ,subsection 7c7 of section #fjc of title #e1 ,united ,states ,code1 is amended by striking the first sentence and inserting ,each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities44 7#b7 ,final regulatory flexibility analysis ,the first paragraph 7#f7 of section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact4 7d7 ,inclusion of rules affecting tribal organizations ,paragraph 7#e7 of section #fja of title #e1 ,united ,states ,code1 is amended by inserting and tribal organizations 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l7771 after special districts14 7e7 ,inclusion of land management plans and formal rulemaking 7#a7 ,initial regulatory flexibility analysis ,subsection 7a7 of section #fjc of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rule12 and 7,b7 by inserting or publishes a revision or amendment to a land management plan1 after ,united ,states14 7#b7 ,final regulatory flexibility analysis ,subsection 7a7 of section #fjd of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rulemaking12 and 7,b7 by inserting or adopts a revision or amendment to a land management plan1 after section #fjc7;a714 7#c7 ,land management plan defined ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#aj7 ,land management plan 7,a7 ,in general ,the term land management plan means-- 7i7 any plan developed by the ,secretary of ,agriculture under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd72 and 7ii7 any plan developed by the ,secretary of the ,interior under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7,b7 ,revision ,the term revision means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#e7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#e772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-f of title #dc1 ,code of ,federal ,regulations 7or any successor regulation74 7,c7 ,amendment ,the term amendment means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#d7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#d77 and with respect to which the ,secretary of ,agriculture prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-e of title #dc1 ,code of ,federal ,regulations 7or any successor regulation7 and with respect to which the ,secretary of the ,interior prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 7f7 ,inclusion of certain interpretive rules involving the internal revenue laws 7#a7 ,in general ,subsection 7a7 of section #fjc of title #e1 ,united ,states ,code1 is amended by striking the period at the end and inserting or a recordkeeping requirement1 and without regard to whether such requirement is imposed by statute or regulation44 7#b7 ,collection of information ,paragraph 7#g7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#g7 ,collection of information ,the term collection of information has the meaning given such term in section #cejb7c7 of title #dd4 4 7#c7 ,recordkeeping requirement ,paragraph 7#h7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#h7 ,recordkeeping requirement ,the term recordkeeping requirement has the meaning given such term in section #cejb7ac7 of title #dd4 4 7g7 ,definition of small organization ,paragraph 7#d7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,small organization 7,a7 ,in general ,the term small organization means any not-for-profit enterprise which1 as of the issuance of the notice of proposed rulemaking-- 7i7 in the case of an enterprise which is described by a classification code of the ,north ,american ,industrial ,classification ,system1 does not exceed the size standard established by the ,administrator of the ,small ,business ,administration pursuant to section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 for small business concerns described by such classification code2 and 7ii7 in the case of any other enterprise1 has a net worth that does not exceed #g1jjj1jjj and has not more than #ejj employees4 7,b7 ,local labor organizations ,in the case of any local labor organization1 subparagraph 7,a7 shall be applied without regard to any national or international organization of which such local labor organization is a part4 7,c7 ,agency definitions ,subparagraphs 7,a7 and 7,b7 shall not apply to the extent that an agency1 after consultation with the ,office of ,advocacy of the ,small ,business ,administration and after opportunity for public comment1 establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the ,federal ,register4 4 #cjc4 ,expansion of report of regulatory agenda ,section #fjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking 1 and at the end and inserting 22 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 a brief description of the sector of the ,north ,american ,industrial ,classification ,system that is primarily affected by any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities2 and 2 and 7#b7 in subsection 7c71 to read as follows3 7c7 ,each agency shall prominently display a plain language summary of the information contained in the regulatory flexibility agenda published under subsection 7a7 on its website within #c days of its publication in the ,federal ,register4 ,the ,office of ,advocacy of the ,small ,business ,administration shall compile and prominently display a plain language summary of the regulatory agendas referenced in subsection 7a7 for each agency on its website within #c days of their publication in the ,federal ,register4 4 #cjd4 ,requirements providing for more detailed analyses 7a7 ,initial regulatory flexibility analysis ,subsection 7b7 of section #fjc of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,each initial regulatory flexibility analysis required under this section shall contain a detailed statement-- 7#a7 describing the reasons why action by the agency is being considered2 7#b7 describing the objectives of1 and legal basis for1 the proposed rule2 7#c7 estimating the number and type of small entities to which the proposed rule will apply2 7#d7 describing the projected reporting1 recordkeeping1 and other compliance requirements of the proposed rule1 including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record2 7#e7 describing all relevant ,federal rules which may duplicate1 overlap1 or conflict with the proposed rule1 or the reasons why such a description could not be provided2 7#f7 estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available2 7#g7 describing any disproportionate economic impact on small entities or a specific class of small entities2 and 7#h7 describing any impairment of the ability of small entities to have access to credit4 4 7b7 ,final regulatory flexibility analysis 7#a7 ,in general ,section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#d71 by striking an explanation and inserting a detailed explanation2 7,b7 in each of paragraphs 7#d71 7#e71 and the first paragraph 7#f71 by inserting detailed before description2 and 7,c7 by adding at the end the following3 7#g7 describing any disproportionate economic impact on small entities or a specific class of small entities4 4 7#b7 ,inclusion of response to comments on certification of proposed rule ,paragraph 7#b7 of section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended by inserting 7or certification of the proposed rule under section #fje7;b77 after initial regulatory flexibility analysis4 7#c7 ,publication of analysis on website ,subsection 7b7 of section #fjd of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,the agency shall make copies of the final regulatory flexibility analysis available to the public1 including placement of the entire analysis on the agency's website1 and shall publish in the ,federal ,register the final regulatory flexibility analysis1 or a summary thereof which includes the telephone number1 mailing address1 and link to the website where the complete analysis may be obtained4 4 7c7 ,cross-,references to other analyses ,subsection 7a7 of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 7a7 ,a ,federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section #fjb1 #fjc1 or #fjd1 if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement4 4 7d7 ,certifications ,subsection 7b7 of section #fje of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting detailed before statement the first place it appears2 and 7#b7 by inserting and legal after factual4 7e7 ,quantification requirements ,section #fjg of title #e1 ,united ,states ,code1 is amended to read as follows3 #fjg4 ,quantification requirements ,in complying with sections #fjc and #fjd1 an agency shall provide-- 7#a7 a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule2 or 7#b7 a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable4 4 #cje4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy 7a7 ,in general ,section #fjh is amended to read as follows3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy 7a7 7#a7 ,not later than #bgj days after the date of the enactment of this section1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after opportunity for notice and comment under section #eec1 issue rules governing agency compliance with this chapter4 ,the ,chief ,counsel may modify or amend such rules after notice and comment under section #eec4 ,this chapter 7other than this subsection7 shall not apply with respect to the issuance1 modification1 and amendment of rules under this paragraph4 7#b7 ,an agency shall not issue rules which supplement the rules issued under subsection 7a7 unless such agency has first consulted with the ,chief ,counsel for ,advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph 7#a74 7b7 ,notwithstanding any other law1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may intervene in any agency adjudication 7unless such agency is authorized to impose a fine or penalty under such adjudication71 and may inform the agency of the impact that any decision on the record may have on small entities4 ,the ,chief ,counsel shall not initiate an appeal with respect to any adjudication in which the ,chief ,counsel intervenes under this subsection4 7c7 ,the ,chief ,counsel for ,advocacy may file comments in response to any agency notice requesting comment1 regardless of whether the agency is required to file a general notice of proposed rulemaking under section #eec4 4 7b7 ,conforming amendments 7#a7 ,section #faa7;a77#a7 of such title is amended by striking #fjh7;b714 7#b7 ,section #faa7;a77#b7 of such title is amended by striking #fjh7;b714 7#c7 ,section #faa7;a77#c7 of such title is amended-- 7,a7 by striking subparagraph 7,b72 and 7,b7 by striking 7#c77;,a7 ,a small entity and inserting the following3 7#c7 ,a small entity 4 #cjf4 ,procedures for gathering comments ,section #fji of title #e1 ,united ,states ,code1 is amended by striking subsection 7b7 and all that follows through the end of the section and inserting the following3 7b7 7#a7 ,prior to publication of any proposed rule described in subsection 7e71 an agency making such rule shall notify the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and provide the ,chief ,counsel with-- 7,a7 all materials prepared or utilized by the agency in making the proposed rule1 including the draft of the proposed rule2 and 7,b7 information on the potential adverse and beneficial economic impacts of the proposed rule on small entities and the type of small entities that might be affected4 7#b7 ,an agency shall not be required under paragraph 7#a7 to provide the exact language of any draft if the rule-- 7,a7 relates to the internal revenue laws of the ,united ,states2 or 7,b7 is proposed by an independent regulatory agency 7as defined in section #cejb7e7 of title #dd74 7c7 ,not later than #ae days after the receipt of such materials and information under subsection 7b71 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall-- 7#a7 identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice1 input1 and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section #fjc2 and 7#b7 convene a review panel consisting of an employee from the ,office of ,advocacy of the ,small ,business ,administration1 an employee from the agency making the rule1 and in the case of an agency other than an independent regulatory agency 7as defined in section #cejb7e7 of title #dd71 an employee from the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget to review the materials and information provided to the ,chief ,counsel under subsection 7b74 7d7 7#a7 ,not later than #fj days after the review panel described in subsection 7c77#b7 is convened1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after consultation with the members of such panel1 submit a report to the agency and1 in the case of an agency other than an independent regulatory agency 7as defined in section #cejb7e7 of title #dd71 the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 7#b7 ,such report shall include an assessment of the economic impact of the proposed rule on small entities1 including an assessment of the proposed rule's impact on the cost that small entities pay for energy1 an assessment of the proposed rule's impact on start-up costs for small entities1 and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities4 7#c7 ,such report shall become part of the rulemaking record4 ,in the publication of the proposed rule1 the agency shall explain what actions1 if any1 the agency took in response to such report4 7e7 ,a proposed rule is described by this subsection if the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget1 the head of the agency 7or the delegatee of the head of the agency71 or an independent regulatory agency determines that the proposed rule is likely to result in-- 7#a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7#b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local governments1 tribal organizations1 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 a significant economic impact on a substantial number of small entities4 7f7 ,upon application by the agency1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may waive the requirements of subsections 7b7 through 7e7 if the ,chief ,counsel determines that compliance with the requirements of such subsections are impracticable1 unnecessary1 or contrary to the public interest4 7g7 ,a small entity or a representative of a small entity may submit a request that the agency provide a copy of the report prepared under subsection 7d7 and all materials and information provided to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration under subsection 7b74 ,the agency receiving such request shall provide the report1 materials and information to the requesting small entity or representative of a small entity not later than #aj business days after receiving such request1 except that the agency shall not disclose any information that is prohibited from disclosure to the public pursuant to section #eeb7;b7 of this title4 4 #cjg4 ,periodic review of rules ,section #faj of title #e1 ,united ,states ,code1 is amended to read as follows3 #faj4 ,periodic review of rules 7a7 ,not later than #ahj days after the enactment of this section1 each agency shall publish in the ,federal ,register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities4 ,such determination shall be made without regard to whether the agency performed an analysis under section #fjd4 ,the purpose of the review shall be to determine whether such rules should be continued without change1 or should be amended or rescinded1 consistent with the stated objectives of applicable statutes1 to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities4 ,such plan may be amended by the agency at any time by publishing the revision in the ,federal ,register and subsequently placing the amended plan on the agency's website4 7b7 ,the plan shall provide for the review of all such agency rules existing on the date of the enactment of this section within #aj years of the date of publication of the plan in the ,federal ,register and for review of rules adopted after the date of enactment of this section within #aj years after the publication of the final rule in the ,federal ,register4 ,if the head of the agency determines that completion of the review of existing rules is not feasible by the established date1 the head of the agency shall so certify in a statement published in the ,federal ,register and may extend the review for not longer than #b years after publication of notice of extension in the ,federal ,register4 ,such certification and notice shall be sent to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and the ,congress4 7c7 ,the plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses 7including small business concerns owned and controlled by women1 small business concerns owned and controlled by veterans1 and small business concerns owned and controlled by socially and economically disadvantaged individuals 7as such terms are defined in the ,small ,business ,act77 for the purposes of carrying out this section4 ,the agency shall include in this section a plan for how the agency will contact small businesses and gather their input on existing agency rules4 7d7 ,each agency shall annually submit a report regarding the results of its review pursuant to such plan to the ,congress1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and1 in the case of agencies other than independent regulatory agencies 7as defined in section #cejb7e7 of title #dd7 to the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 ,such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph 7#e7 or 7#f7 of subsection 7e7 and a detailed explanation of the reasons for such determination4 7e7 ,in reviewing a rule pursuant to subsections 7a7 through 7d71 the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities1 or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible1 consistent with the stated objectives of applicable statutes4 ,in amending or rescinding the rule1 the agency shall consider the following factors3 7#a7 ,the continued need for the rule4 7#b7 ,the nature of complaints received by the agency from small entities concerning the rule4 7#c7 ,comments by the ,regulatory ,enforcement ,ombudsman and the ,chief ,counsel for ,advocacy of the ,small ,business ,administration4 7#d7 ,the complexity of the rule4 7#e7 ,the extent to which the rule overlaps1 duplicates1 or conflicts with other ,federal rules and1 unless the head of the agency determines it to be infeasible1 ,state1 territorial1 and local rules4 7#f7 ,the contribution of the rule to the cumulative economic impact of all ,federal rules on the class of small entities affected by the rule1 unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection 7d74 7#g7 ,the length of time since the rule has been evaluated or the degree to which technology1 economic conditions1 or other factors have changed in the area affected by the rule4 7f7 ,each year1 each agency shall publish in the ,federal ,register and on its website a list of rules to be reviewed pursuant to such plan4 ,the agency shall include in the publication a solicitation of public comments on any further inclusions or exclusions of rules from the list1 and shall respond to such comments4 ,such publication shall include a brief description of the rule1 the reason why the agency determined that it has a significant economic impact on a substantial number of small entities 7without regard to whether it had prepared a final regulatory flexibility analysis for the rule71 and request comments from the public1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and the ,regulatory ,enforcement ,ombudsman concerning the enforcement of the rule4 4 #cjh4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule 7a7 ,in general ,paragraph 7#a7 of section #faa7;a7 of title #e1 ,united ,states ,code1 is amended by striking final agency action and inserting such rule4 7b7 ,jurisdiction ,paragraph 7#b7 of such section is amended by inserting 7or which would have such jurisdiction if publication of the final rule constituted final agency action7 after provision of law14 7c7 ,time for bringing action ,paragraph 7#c7 of such section is amended-- 7#a7 by striking final agency action and inserting publication of the final rule2 and 7#b7 by inserting 1 in the case of a rule for which the date of final agency action is the same date as the publication of the final rule1 after except that4 7d7 ,intervention by ,chief ,counsel for ,advocacy ,subsection 7b7 of section #fab of title #e1 ,united ,states ,code1 is amended by inserting before the first period or agency compliance with section #fja1 #fjc1 #fjd1 #fje7;b71 #fji1 or #faj4 #cji4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act 7a7 ,in general ,section #bcdb of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#g7 the following new paragraph3 7#h7 all final rules under section #fjh7;a7 of title #e4 4 7b7 ,conforming amendments ,paragraph 7#c7 of section #bcda of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 the ,office of ,advocacy of the ,small ,business ,administration1 when the final rule is under section #fjh7;a7 of title #e4 4 7c7 ,authorization ,to intervene and comment on agency compliance with administrative procedure ,subsection 7b7 of section #fab of title #e1 ,united ,states ,code1 is amended by inserting chapter #e1 and chapter #g1 after this chapter14 #caj4 ,establishment and approval of small business concern size standards by ,chief ,counsel for ,advocacy 7a7 ,in general ,subparagraph 7,a7 of section #c7;a77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77;,a77 is amended to read as follows3 7,a7 ,in general ,in addition to the criteria specified in paragraph 7#a7-- 7i7 the ,administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for purposes of this ,act or the ,small ,business ,investment ,act of #aieh2 and 7ii7 the ,chief ,counsel for ,advocacy may specify such definitions or standards for purposes of any other ,act4 4 7b7 ,approval by chief counsel ,clause 7iii7 of section #c7;a77#b77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77;,c77iii77 is amended to read as follows3 7iii7 except in the case of a size standard prescribed by the ,administrator1 is approved by the ,chief ,counsel for ,advocacy4 4 7c7 ,industry variation ,paragraph 7#c7 of section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#c77 is amended-- 7#a7 by inserting or ,chief ,counsel for ,advocacy1 as appropriate before shall ensure2 and 7#b7 by inserting or ,chief ,counsel for ,advocacy before the period at the end4 7d7 ,judicial review of size standards approved by chief counsel ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77 is amended by adding at the end the following new paragraph3 7#i7 ,judicial review of standards approved by chief counsel ,in the case of an action for judicial review of a rule which includes a definition or standard approved by the ,chief ,counsel for ,advocacy under this subsection1 the party seeking such review shall be entitled to join the ,chief ,counsel as a party in such action4 4 #caa4 ,clerical amendments 7a7 ,definitions ,section #fja of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#a7 the term and inserting the following3 7#a7 ,agency ,the term 2 7#b7 in paragraph 7#c7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#c7 the term and inserting the following3 7#c7 ,small business ,the term 2 7#c7 in paragraph 7#e7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#e7 the term and inserting the following3 7#e7 ,small governmental jurisdiction ,the term 2 and 7#d7 in paragraph 7#f7-- 7,a7 by striking 2 and and inserting a period2 and 7,b7 by striking 7#f7 the term and inserting the following3 7#f7 ,small entity ,the term 4 7b7 ,incorporations by reference and certifications ,the heading of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 #fje4 ,incorporations by reference and certifications 4 7c7 ,table of sections ,the table of sections for chapter #f of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #fje and inserting the following new item3 #fje4 ,incorporations by reference and certifications4 2 7#b7 by striking the item relating to section #fjg and inserting the following new item3 #fjg4 ,quantification requirements4 2 and 7#c7 by striking the item relating to section #fjh and inserting the following3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy4 4 7d7 ,other clerical amendments to chapter #f ,chapter #f of title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,in section #fjc1 by striking subsection 7d74 7#b7 ,in section #fjd7;a7 by striking the second paragraph 7#f74 #cab4 ,agency preparation of guides ,section #bab7;a77#e7 the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note7 is amended to read as follows3 7#e7 ,agency preparation of guides ,the agency shall1 in its sole discretion1 taking into account the subject matter of the rule and the language of relevant statutes1 ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities4 ,agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to distribute such guides4 ,in developing guides1 agencies shall solicit input from affected small entities or associations of affected small entities4 ,an agency may prepare guides and apply this section with respect to a rule or a group of related rules4 4 #cac4 ,comptroller ,general report ,not later than #ij days after the date of enactment of this title1 the ,comptroller ,general of the ,united ,states shall complete and publish a study that examines whether the ,chief ,counsel for ,advocacy of the ,small ,business ,administration has the capacity and resources to carry out the duties of the ,chief ,counsel under this title and the amendments made by this title4 ,,iv ,sunshine for ,regulatory ,decrees and ,settlements ,act #dja4 ,short title ,this title may be cited as the ,sunshine for ,regulatory ,decrees and ,settlements ,act of #bjad4 #djb4 ,definitions ,in this title-- 7#a7 the terms agency and agency action have the meanings given those terms under section #eea of title #e1 ,united ,states ,code2 7#b7 the term covered civil action means a civil action-- 7,a7 seeking to compel agency action2 7,b7 alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 and 7,c7 brought under-- 7i7 chapter #g of title #e1 ,united ,states ,code2 or 7ii7 any other statute authorizing such an action2 7#c7 the term covered consent decree means-- 7,a7 a consent decree entered into in a covered civil action2 and 7,b7 any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 7#d7 the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement2 and 7#e7 the term covered settlement agreement means-- 7,a7 a settlement agreement entered into in a covered civil action2 and 7,b7 any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government4 #djc4 ,consent decree and settlement reform 7a7 ,pleadings and preliminary matters 7#a7 ,in general ,in any covered civil action1 the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner1 including by making the notice of intent to sue and the complaint available online not later than #ae days after receiving service of the notice of intent to sue or complaint1 respectively4 7#b7 ,entry of a covered consent decree or settlement agreement ,a party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph 7#a7 and subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 of subsection 7d7 or subsection 7d77#c77;,a71 whichever is later4 7b7 ,intervention 7#a7 ,rebuttable presumption ,in considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person1 the court shall presume1 subject to rebuttal1 that the interests of the person would not be represented adequately by the existing parties to the action4 7#b7 ,state1 local1 and tribal governments ,in considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a ,state1 local1 or tribal government1 the court shall take due account of whether the movant-- 7,a7 administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates2 or 7,b7 administers an authority under ,state1 local1 or tribal law that would be preempted by the regulatory action to which the action relates4 7c7 ,settlement negotiations ,efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- 7#a7 be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge1 magistrate judge1 or special master1 as determined appropriate by the presiding judge2 and 7#b7 include any party that intervenes in the action4 7d7 ,publication of and comment on covered consent decrees or settlement agreements 7#a7 ,in general ,not later than #fj days before the date on which a covered consent decree or settlement agreement is filed with a court1 the agency seeking to enter the covered consent decree or settlement agreement shall publish in the ,federal ,register and online-- 7,a7 the proposed covered consent decree or settlement agreement2 and 7,b7 a statement providing-- 7i7 the statutory basis for the covered consent decree or settlement agreement2 and 7ii7 a description of the terms of the covered consent decree or settlement agreement1 including whether it provides for the award of attorneys' fees or costs and1 if so1 the basis for including the award4 7#b7 ,public comment 7,a7 ,in general ,an agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph 7#a7 on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement4 7,b7 ,response to comments ,an agency shall respond to any comment received under subparagraph 7,a74 7,c7 ,submissions to court ,when moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement1 an agency shall-- 7i7 inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms2 7ii7 submit to the court a summary of the comments received under subparagraph 7,a7 and the response of the agency to the comments2 7iii7 submit to the court a certified index of the administrative record of the notice and comment proceeding2 and 7iv7 make the administrative record described in clause 7iii7 fully accessible to the court4 7,d7 ,inclusion in record ,the court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph 7,c77iii7 and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court4 7#c7 ,public hearings permitted 7,a7 ,in general ,after providing notice in the ,federal ,register and online1 an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement4 7,b7 ,record ,if an agency holds a public hearing under subparagraph 7,a7-- 7i7 the agency shall-- 7,i7 submit to the court a summary of the proceedings2 7,,ii7 submit to the court a certified index of the hearing record2 and 7,,iii7 provide access to the hearing record to the court2 and 7ii7 the full hearing record shall be included in the court record4 7#d7 ,mandatory deadlines ,if a proposed covered consent decree or settlement agreement requires an agency action by a date certain1 the agency shall1 when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement1 inform the court of-- 7,a7 any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address2 7,b7 how the covered consent decree or settlement agreement1 if approved1 would affect the discharge of the duties described in subparagraph 7,a72 and 7,c7 why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest4 7e7 ,submission by the ,government 7#a7 ,in general ,for any proposed covered consent decree or settlement agreement that contains a term described in paragraph 7#b71 the ,attorney ,general or1 if the matter is being litigated independently by an agency1 the head of the agency shall submit to the court a certification that the ,attorney ,general or head of the agency approves the proposed covered consent decree or settlement agreement4 ,the ,attorney ,general or head of the agency shall personally sign any certification submitted under this paragraph4 7#b7 ,terms ,a term described in this paragraph is-- 7,a7 in the case of a covered consent decree1 a term that-- 7i7 converts into a nondiscretionary duty a discretionary authority of an agency to propose1 promulgate1 revise1 or amend regulations2 7ii7 commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question2 7iii7 commits an agency to seek a particular appropriation or budget authorization2 7iv7 divests an agency of discretion committed to the agency by statute or the ,constitution of the ,united ,states1 without regard to whether the discretion was granted to respond to changing circumstances1 to make policy or managerial choices1 or to protect the rights of third parties2 or 7v7 otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action2 or 7,b7 in the case of a covered settlement agreement1 a term-- 7i7 that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement2 and 7ii7 that-- 7,i7 interferes with the authority of an agency to revise1 amend1 or issue rules under the procedures set forth in chapter #e of title #e1 ,united ,states ,code1 or any other statute or ,executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement2 7,,ii7 commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question2 or 7,,iii7 for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the ,constitution of the ,united ,states to respond to changing circumstances1 to make policy or managerial choices1 or to protect the rights of third parties4 7f7 ,review by court 7#a7 ,amicus ,a court considering a proposed covered consent decree or settlement agreement shall presume1 subject to rebuttal1 that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph 7#b7 or 7#c7 of subsection 7d74 7#b7 ,review of deadlines 7,a7 ,proposed covered consent decrees ,for a proposed covered consent decree1 a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7,b7 ,proposed covered settlement agreements ,for a proposed covered settlement agreement1 a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7g7 ,annual reports ,each agency shall submit to ,congress an annual report that1 for the year covered by the report1 includes-- 7#a7 the number1 identity1 and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency2 and 7#b7 a description of the statutory basis for-- 7,a7 each covered consent decree or settlement agreement entered against or into by the agency2 and 7,b7 any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency4 #djd4 ,motions to modify consent decrees ,if an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances1 the court shall review the motion and the covered consent decree or settlement agreement de novo4 #dje4 ,effective date ,this title shall apply to-- 7#a7 any covered civil action filed on or after the date of enactment of this title2 and 7#b7 any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this title4 ,passed the ,house of ,representatives ,february #bg1 #bjad4;,clerk4