IB 
Union Calendar No. 195 
112TH CONGRESS 
1ST SESSION H. R. 3010 
[Report No. 112–294] 
To reform the process by which Federal agencies analyze and formulate 
new regulations and guidance documents. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2011 
Mr. SMITH of Texas (for himself, Mr. COBLE, and Mr. PETERSON) introduced 
the following bill; which was referred to the Committee on the Judiciary 
NOVEMBER 22, 2011 
Additional sponsors: Mr. GOODLATTE, Mr. GOWDY, Mr. FRANKS of Arizona, 
Mr. GALLEGLY, Mr. ROSS of Florida, Mr. QUAYLE, Mr. PENCE, Mr. 
MICA, Mr. KLINE, Mr. SHUSTER, Mr. CHAFFETZ, Mr. GRIFFIN of Arkan-
sas, Mrs. ADAMS, Mr. GOHMERT, Mr. AUSTRIA, Mr. DAVIS of Kentucky, 
Mr. JOHNSON of Ohio, Mr. COSTA, Mr. CALVERT, Mr. CARDOZA, Mr. 
CARTER, Mr. MATHESON, Mr. CONAWAY, Mr. ISSA, Mr. DONNELLY of 
Indiana, Mr. WHITFIELD, Mr. JONES, Mr. KING of Iowa, Mrs. LUMMIS, 
Mr. WILSON of South Carolina, Mr. AUSTIN SCOTT of Georgia, Mr. 
FLAKE, Ms. JENKINS, and Mr. SHULER 
NOVEMBER 22, 2011 
Deleted sponsor: Mr. BACA (added November 2, 2011; deleted November 16, 
2011) 
NOVEMBER 22, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 22, 2011] 
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A BILL 
To reform the process by which Federal agencies analyze 
and formulate new regulations and guidance documents. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Account-
ability Act of 2011’’. 
SEC. 2. DEFINITIONS. 
Section 551 of title 5, United States Code, is amend-
ed— 
(1) in paragraph (13), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (14), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(15) ‘major rule’ means any rule that the Ad-
ministrator of the Office of Information and Regu-
latory Affairs determines is likely to impose— 
‘‘(A) an annual cost on the economy of 
$100,000,000 or more, adjusted annually for in-
flation; 
‘‘(B) a major increase in costs or prices for 
consumers, individual industries, Federal, State, 
local, or tribal government agencies, or geo-
graphic regions; 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
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novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets; or 
‘‘(D) significant impacts on multiple sectors 
of the economy; 
‘‘(16) ‘high-impact rule’ means any rule that the 
Administrator of the Office of Information and Regu-
latory Affairs determines is likely to impose an an-
nual cost on the economy of $1,000,000,000 or more, 
adjusted annually for inflation; 
‘‘(17) ‘guidance’ means an agency statement of 
general applicability and future effect, other than a 
regulatory action, that sets forth a policy on a statu-
tory, regulatory or technical issue or an interpreta-
tion of a statutory or regulatory issue; 
‘‘(18) ‘major guidance’ means guidance that the 
Administrator of the Office of Information and Regu-
latory Affairs finds is likely to lead to— 
‘‘(A) an annual cost on the economy of 
$100,000,000 or more, adjusted annually for in-
flation; 
‘‘(B) a major increase in costs or prices for 
consumers, individual industries, Federal, State, 
local or tribal government agencies, or geo-
graphic regions; 
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‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets; or 
‘‘(D) significant impacts on multiple sectors 
of the economy; 
‘‘(19) the ‘Information Quality Act’ means sec-
tion 515 of Public Law 106–554, the Treasury and 
General Government Appropriations Act for Fiscal 
Year 2001, and guidelines issued by the Adminis-
trator of the Office of Information and Regulatory Af-
fairs or other agencies pursuant to the Act; and 
‘‘(20) the ‘Office of Information and Regulatory 
Affairs’ means the office established under section 
3503 of chapter 35 of title 44 and any successor to 
that office.’’. 
SEC. 3. RULE MAKING. 
(a) Section 553(a) of title 5, United States Code, is 
amended by striking ‘‘(a) This section applies’’ and insert-
ing ‘‘(a) APPLICABILITY.—This section applies’’. 
(b) Section 553 of title 5, United States Code, is 
amended by striking subsections (b) through (e) and insert-
ing the following: 
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‘‘(b) RULE MAKING CONSIDERATIONS.—In a rule 
making, an agency shall make all preliminary and final 
factual determinations based on evidence and consider, in 
addition to other applicable considerations, the following: 
‘‘(1) The legal authority under which a rule may 
be proposed, including whether a rule making is re-
quired by statute, and if so, whether by a specific 
date, or whether the agency has discretion to com-
mence a rule making. 
‘‘(2) Other statutory considerations applicable to 
whether the agency can or should propose a rule or 
undertake other agency action. 
‘‘(3) The specific nature and significance of the 
problem the agency may address with a rule (includ-
ing 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 juris-
diction), whether the problem warrants new agency 
action, and the countervailing risks that may be 
posed by alternatives for new agency action. 
‘‘(4) Whether existing rules have created or con-
tributed to the problem the agency may address with 
a rule and whether those rules could be amended or 
rescinded to address the problem in whole or part. 
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‘‘(5) Any reasonable alternatives for a new rule 
or other response identified by the agency or inter-
ested persons, including not only responses that man-
date particular conduct or manners of compliance, 
but also— 
‘‘(A) the alternative of no Federal response; 
‘‘(B) amending or rescinding existing rules; 
‘‘(C) potential regional, State, local, or trib-
al regulatory action or other responses that could 
be taken in lieu of agency action; and 
‘‘(D) potential responses that— 
‘‘(i) 
specify 
performance 
objectives 
rather than conduct or manners of compli-
ance; 
‘‘(ii) establish economic incentives to 
encourage desired behavior; 
‘‘(iii) provide information upon which 
choices can be made by the public; or 
‘‘(iv) incorporate other innovative al-
ternatives rather than agency actions that 
specify conduct or manners of compliance. 
‘‘(6) Notwithstanding any other provision of 
law— 
‘‘(A) the potential costs and benefits associ-
ated with potential alternative rules and other 
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responses considered under section 553(b)(5), in-
cluding direct, indirect, and cumulative costs 
and benefits and estimated impacts on jobs, eco-
nomic growth, innovation, and economic com-
petitiveness; 
‘‘(B) means to increase the cost-effectiveness 
of any Federal response; and 
‘‘(C) incentives for innovation, consistency, 
predictability, lower costs of enforcement and 
compliance (to government entities, regulated en-
tities, and the public), and flexibility. 
‘‘(c) ADVANCE NOTICE OF PROPOSED RULE MAKING 
FOR MAJOR RULES, HIGH-IMPACT RULES, AND RULES IN-
VOLVING NOVEL LEGAL OR POLICY ISSUES.—In the case 
of a rule making for a major rule or high-impact rule or 
a rule that involves a novel legal or policy issue arising 
out of statutory mandates, not later than 90 days before 
a notice of proposed rule making is published in the Federal 
Register, an agency shall publish advance notice of proposed 
rule making in the Federal Register. In publishing such ad-
vance notice, the agency shall— 
‘‘(1) include a written statement identifying, at 
a minimum— 
‘‘(A) the nature and significance of the 
problem the agency may address with a rule, in-
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cluding data and other evidence and information 
on which the agency expects to rely for the pro-
posed rule; 
‘‘(B) the legal authority under which a rule 
may be proposed, including whether a rule mak-
ing is required by statute, and if so, whether by 
a specific date, or whether the agency has discre-
tion to commence a rule making; 
‘‘(C) preliminary information available to 
the agency concerning the other considerations 
specified in subsection (b); and 
‘‘(D) in the case of a rule that involves a 
novel legal or policy issue arising out of statu-
tory mandates, the nature of and potential rea-
sons to adopt the novel legal or policy position 
upon which the agency may base a proposed 
rule; 
‘‘(2) solicit written data, views or argument 
from interested persons concerning the information 
and issues addressed in the advance notice; and 
‘‘(3) provide for a period of not fewer than 60 
days for interested persons to submit such written 
data, views, or argument to the agency. 
‘‘(d) NOTICES OF PROPOSED RULE MAKING; DETER-
MINATIONS OF OTHER AGENCY COURSE.—(1) Before it de-
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termines to propose a rule, and following completion of pro-
cedures under subsection (c), if applicable, the agency shall 
consult with the Administrator of the Office of Information 
and Regulatory Affairs. If the agency thereafter determines 
to propose a rule, the agency shall publish a notice of pro-
posed rule making, which shall include— 
‘‘(A) a statement of the time, place, and nature 
of public rule making proceedings; 
‘‘(B) reference to the legal authority under which 
the rule is proposed; 
‘‘(C) the terms of the proposed rule; 
‘‘(D) a description of information known to the 
agency on the subject and issues of the proposed rule, 
including but not limited to— 
‘‘(i) a summary of information known to 
the agency concerning the considerations speci-
fied in subsection (b); 
‘‘(ii) a summary of additional information 
the agency provided to and obtained from inter-
ested persons under subsection (c); 
‘‘(iii) a summary of any preliminary risk 
assessment or regulatory impact analysis per-
formed by the agency; and 
‘‘(iv) information specifically identifying 
all data, studies, models, and other evidence or 
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information considered or used by the agency in 
connection with its determination to propose the 
rule; 
‘‘(E)(i) a reasoned preliminary determination of 
need for the rule based on the information described 
under subparagraph (D); and 
‘‘(ii) an additional statement of whether a rule 
is required by statute; 
‘‘(F) a reasoned preliminary determination that 
the benefits of the proposed rule meet the relevant 
statutory objectives and justify the costs of the pro-
posed rule (including all costs to be considered under 
subsection (b)(6)), based on the information described 
under subparagraph (D); 
‘‘(G) a discussion of— 
‘‘(i) the alternatives to the proposed rule, 
and other alternative responses, considered by the 
agency under subsection (b); 
‘‘(ii) the costs and benefits of those alter-
natives (including all costs to be considered 
under subsection (b)(6)); 
‘‘(iii) whether those alternatives meet rel-
evant statutory objectives; and 
‘‘(iv) why the agency did not propose any 
of those alternatives; and 
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‘‘(H)(i) a statement of whether existing rules 
have created or contributed to the problem the agency 
seeks to address with the proposed rule; and 
‘‘(ii) if so, whether or not the agency proposes to 
amend or rescind any such rules, and why. 
All information provided to or considered by the 
agency, and steps to obtain information by the agen-
cy, in connection with its determination to propose 
the rule, 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 (D) and, at the dis-
cretion of the President or the Administrator of the 
Office of Information and Regulatory Affairs, infor-
mation provided by that Office in consultations with 
the agency, shall be placed in the docket for the pro-
posed rule and made accessible to the public by elec-
tronic means and otherwise for the public’s use when 
the notice of proposed rule making is published. 
‘‘(2)(A) If the agency undertakes procedures under sub-
section (c) and determines thereafter not to propose a rule, 
the agency shall, following consultation with the Office of 
Information and Regulatory Affairs, publish a notice of de-
termination of other agency course. A notice of determina-
tion of other agency course shall include information re-
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quired by paragraph (1)(D) to be included in a notice of 
proposed rule making and a description of the alternative 
response the agency determined to adopt. 
‘‘(B) If in its determination of other agency course the 
agency makes a determination to amend or rescind an ex-
isting rule, the agency need not undertake additional pro-
ceedings under subsection (c) before it publishes a notice 
of proposed rule making to amend or rescind the existing 
rule. 
All information provided to or considered by the agency, 
and steps to obtain information by the agency, in connec-
tion with its determination of other agency course, includ-
ing 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 (1)(D) if the 
agency had determined to publish a notice of proposed rule 
making and, at the discretion of the President or the Ad-
ministrator of the Office of Information and Regulatory Af-
fairs, information provided by that Office in consultations 
with the agency, shall be placed in the docket for the deter-
mination and made accessible to the public by electronic 
means and otherwise for the public’s use when the notice 
of determination is published. 
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‘‘(3) After notice of proposed rule making required by 
this section, the agency shall provide interested persons an 
opportunity to participate in the rule making through sub-
mission of written data, views, or arguments with or with-
out opportunity for oral presentation, except that— 
‘‘(A) if a hearing is required under paragraph 
(4)(B) or subsection (e), opportunity for oral presen-
tation shall be provided pursuant to that requirement; 
or 
‘‘(B) when other than under subsection (e) of this 
section rules are required by statute or at the discre-
tion of the agency to be made on the record after op-
portunity for an agency hearing, sections 556 and 
557 shall apply, and paragraph (4), the requirements 
of subsection (e) to receive comment outside of the 
procedures of sections 556 and 557, and the petition 
procedures of subsection (e)(6) shall not apply. 
The agency shall provide not fewer than 60 days for inter-
ested persons to submit written data, views, or argument 
(or 120 days in the case of a proposed major or high-impact 
rule). 
‘‘(4)(A) Within 30 days of publication of notice of pro-
posed rule making, a member of the public may petition 
for a hearing in accordance with section 556 to determine 
whether any evidence or other information upon which the 
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agency bases the proposed rule fails to comply with the In-
formation Quality Act. 
‘‘(B)(i) The agency may, upon review of the petition, 
determine without further process to exclude from the rule 
making the evidence or other information that is the subject 
of the petition and, if appropriate, withdraw the proposed 
rule. The agency shall promptly publish any such deter-
mination. 
‘‘(ii) If the agency does not resolve the petition under 
the procedures of clause (i), it shall grant any such petition 
that presents a prima facie case that evidence or other infor-
mation upon which the agency bases the proposed rule fails 
to comply with the Information Quality Act, hold the re-
quested hearing not later than 30 days after receipt of the 
petition, provide a reasonable opportunity for cross-exam-
ination at the hearing, and decide the issues presented by 
the petition not later than 60 days after receipt of the peti-
tion. The agency may deny any petition that it determines 
does not present such a prima facie case. 
‘‘(C) There shall be no judicial review of the agency’s 
disposition of issues considered and decided or determined 
under subparagraph (B)(ii) until judicial review of the 
agency’s final action. There shall be no judicial review of 
an agency’s determination to withdraw a proposed rule 
under subparagraph (B)(i) on the basis of the petition. 
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‘‘(D) Failure to petition for a hearing under this para-
graph shall not preclude judicial review of any claim based 
on the Information Quality Act under chapter 7 of this title. 
‘‘(e) HEARINGS FOR HIGH-IMPACT RULES.—Following 
notice of a proposed rule making, receipt of comments on 
the proposed rule, and any hearing held under subsection 
(d)(4), and before adoption of any high-impact rule, the 
agency shall hold a hearing in accordance with sections 556 
and 557, unless such hearing is waived by all participants 
in the rule making other than the agency. The agency shall 
provide a reasonable opportunity for cross-examination at 
such hearing. The hearing shall be limited to the following 
issues of fact, except that participants at the hearing other 
than the agency may waive determination of any such 
issue: 
‘‘(1) Whether the agency’s asserted factual predi-
cate for the rule is supported by the evidence. 
‘‘(2) Whether there is an alternative to the pro-
posed rule that would achieve the relevant statutory 
objectives at a lower cost (including all costs to be 
considered under subsection (b)(6)) than the proposed 
rule. 
‘‘(3) If there is more than one alternative to the 
proposed rule that would achieve the relevant statu-
tory objectives at a lower cost than the proposed rule, 
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which alternative would achieve the relevant statutory 
objectives at the lowest cost. 
‘‘(4) Whether, if the agency proposes to adopt a 
rule that is more costly than the least costly alter-
native that would achieve the relevant statutory objec-
tives (including all costs to be considered under sub-
section (b)(6)), the additional benefits of the more 
costly rule exceed the additional costs of the more cost-
ly rule. 
‘‘(5) Whether the evidence and other information 
upon which the agency bases the proposed rule meets 
the requirements of the Information Quality Act. 
‘‘(6) Upon petition by an interested person who 
has participated in the rule making, other issues rel-
evant to the rule making, unless the agency deter-
mines that consideration of the issues at the hearing 
would not advance consideration of the rule or would, 
in light of the nature of the need for agency action, 
unreasonably delay completion of the rule making. An 
agency shall grant or deny a petition under this 
paragraph within 30 days of its receipt of the peti-
tion. 
No later than 45 days before any hearing held under this 
subsection or sections 556 and 557, the agency shall publish 
in the Federal Register a notice specifying the proposed rule 
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to be considered at such hearing, the issues to be considered 
at the hearing, and the time and place for such hearing, 
except that such notice may be issued not later than 15 days 
before a hearing held under subsection (d)(4)(B). 
‘‘(f) FINAL RULES.—(1) 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 requirements. 
‘‘(2) The agency shall adopt a rule only on the basis 
of the best reasonably obtainable scientific, technical, eco-
nomic, and other evidence and information concerning the 
need for, consequences of, and alternatives to the rule. 
‘‘(3)(A) Except as provided in subparagraph (B), the 
agency shall adopt the least costly rule considered during 
the rule making (including all costs to be considered under 
subsection (b)(6)) that meets relevant statutory objectives. 
‘‘(B) The agency may adopt a rule that is more costly 
than the least costly alternative that would achieve the rel-
evant 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 inter-
ests of public health, safety or welfare that are clearly with-
in the scope of the statutory provision authorizing the rule. 
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‘‘(4) When it adopts a final rule, the agency shall pub-
lish a notice of final rule making. The notice shall in-
clude— 
‘‘(A) a concise, general statement of the rule’s 
basis and purpose; 
‘‘(B) the agency’s reasoned final determination 
of need for a rule to address the problem the agency 
seeks to address with the rule, including a statement 
of whether a rule is required by statute and a sum-
mary of any final risk assessment or regulatory im-
pact analysis prepared by the agency; 
‘‘(C) the agency’s reasoned final determination 
that the benefits of the rule meet the relevant statutory 
objectives and justify the rule’s costs (including all 
costs to be considered under subsection (b)(6)); 
‘‘(D) the agency’s reasoned final determination 
not to adopt any of the alternatives to the proposed 
rule considered by the agency during the rule making, 
including— 
‘‘(i) the agency’s reasoned final determina-
tion that no alternative considered achieved the 
relevant statutory objectives with lower costs (in-
cluding all costs to be considered under sub-
section (b)(6)) than the rule; or 
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‘‘(ii) the agency’s reasoned determination 
that its adoption of a more costly rule complies 
with subsection (f)(3)(B); 
‘‘(E) the agency’s reasoned final determination— 
‘‘(i) that existing rules have not created or 
contributed to the problem the agency seeks to 
address with the rule; or 
‘‘(ii) that existing rules have created or con-
tributed to the problem the agency seeks to ad-
dress with the rule, and, if so— 
‘‘(I) why amendment or rescission of 
such existing rules is not alone sufficient to 
respond to the problem; and 
‘‘(II) whether and how the agency in-
tends to amend or rescind the existing rule 
separate from adoption of the rule; 
‘‘(F) the agency’s reasoned final determination 
that the evidence and other information upon which 
the agency bases the rule complies with the Informa-
tion Quality Act; and 
‘‘(G)(i) for any major rule or high-impact rule, 
the agency’s plan for review of the rule no less than 
every ten years to determine whether, based upon evi-
dence, there remains a need for the rule, whether the 
rule is in fact achieving statutory objectives, whether 
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the rule’s benefits continue to justify its costs, and 
whether the rule can be modified or rescinded to re-
duce costs while continuing to achieve statutory objec-
tives. 
‘‘(ii) review of a rule under a plan required by 
clause (i) of this subparagraph shall take into account 
the factors and criteria set forth in subsections (b) 
through (f) of section 553 of this title. 
All information considered by the agency in connection 
with its adoption of the rule, and, at the discretion of the 
President or the Administrator of the Office of Information 
and Regulatory Affairs, information provided by that Office 
in consultations with the agency, 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 adopted. 
‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING RE-
QUIREMENTS.—(1) Except when notice or hearing is re-
quired by statute, the following do not apply to interpretive 
rules, general statements of policy, or rules of agency orga-
nization, procedure, or practice: 
‘‘(A) Subsections (c) through (e). 
‘‘(B) Paragraphs (1) through (3) of subsection 
(f). 
‘‘(C) Subparagraphs (B) through (H) of sub-
section (f)(4). 
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‘‘(2)(A) When the agency for good cause, based upon 
evidence, finds (and incorporates the finding and a brief 
statement of reasons therefor in the rules issued) that com-
pliance with subsection (c), (d), or (e) or requirements to 
render final determinations under subsection (f) of this sec-
tion before the issuance of an interim rule is impracticable 
or contrary to the public interest, including interests of na-
tional security, such subsections or requirements to render 
final determinations shall not apply to the agency’s adop-
tion of an interim rule. 
‘‘(B) If, following compliance with subparagraph (A) 
of this paragraph, the agency adopts an interim rule, it 
shall commence proceedings that comply fully with sub-
sections (d) through (f) of this section immediately upon 
publication of the interim rule, 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 sub-
section (d). No less than 270 days from publication of the 
interim rule (or 18 months in the case of a major rule or 
high-impact rule), the agency shall complete rule making 
under subsections (d) through (f) of this subsection and take 
final action to adopt a final rule or rescind the interim 
rule. If the agency fails to take timely final action, the in-
terim rule will cease to have the effect of law. 
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‘‘(C) Other than in cases involving interests of na-
tional security, upon the agency’s publication of an interim 
rule without compliance with subsections (c), (d), or (e) or 
requirements to render final determinations under sub-
section (f) of this section, an interested party may seek im-
mediate judicial review under chapter 7 of this title of the 
agency’s determination to adopt such interim rule. The 
record on such review shall include all documents and infor-
mation considered by the agency and any additional infor-
mation presented by a party that the court determines nec-
essary to consider to assure justice. 
‘‘(3) When the agency for good cause finds (and incor-
porates the finding and a brief statement of reasons therefor 
in the rules issued) that notice and public procedure thereon 
are unnecessary, including because agency rule making is 
undertaken only to correct a de minimis technical or cler-
ical error in a previously issued rule or for other non-
controversial purposes, the agency may publish a rule with-
out compliance with subsections (c), (d), (e), or (f)(1)-(3) 
and (f)(4)(B)-(F). If the agency receives significant adverse 
comment within 60 days after publication of the rule, it 
shall treat the notice of the rule as a notice of proposed 
rule making and complete rule making in compliance with 
subsections (d) and (f). 
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‘‘(h) ADDITIONAL REQUIREMENTS FOR HEARINGS.— 
When a hearing is required under subsection (e) or is other-
wise required by statute or at the agency’s discretion before 
adoption of a rule, the agency shall comply with the re-
quirements of sections 556 and 557 in addition to the re-
quirements of subsection (f) in adopting the rule and in 
providing notice of the rule’s adoption. 
‘‘(i) DATE OF PUBLICATION OF RULE.—The required 
publication or service of a substantive final or interim rule 
shall be made not less than 30 days before the effective date 
of the rule, except— 
‘‘(1) a substantive rule which grants or recog-
nizes an exemption or relieves a restriction; 
‘‘(2) interpretive rules and statements of policy; 
or 
‘‘(3) as otherwise provided by the agency for 
good cause found and published with the rule. 
‘‘(j) RIGHT TO PETITION.—Each agency shall give an 
interested person the right to petition for the issuance, 
amendment, or repeal of a rule. 
‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The Admin-
istrator of the Office of Information and Regulatory Affairs 
shall establish guidelines for the assessment, including 
quantitative and qualitative assessment, of the costs and 
benefits of proposed and final rules and other economic 
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issues or issues related to risk that are relevant to rule mak-
ing under this title. The rigor of cost-benefit analysis re-
quired by such guidelines shall be commensurate, in the Ad-
ministrator’s determination, with the economic impact of 
the rule. 
‘‘(B) To ensure that agencies use the best available 
techniques to quantify and evaluate anticipated present and 
future benefits, costs, other economic issues, and risks as ac-
curately as possible, the Administrator of the Office of In-
formation and Regulatory Affairs shall regularly update 
guidelines established under paragraph (1)(A) of this sub-
section. 
‘‘(2) The Administrator of the Office of Information 
and Regulatory Affairs shall also issue guidelines to pro-
mote coordination, simplification and harmonization of 
agency rules during the rule making process and otherwise. 
Such guidelines shall assure that each agency avoids regula-
tions that are inconsistent or incompatible with, or duplica-
tive of, its other regulations and those of other Federal agen-
cies and drafts its regulations to be simple and easy to un-
derstand, with the goal of minimizing the potential for un-
certainty and litigation arising from such uncertainty. 
‘‘(3) To ensure consistency in Federal rule making, the 
Administrator of the Office of Information and Regulatory 
Affairs shall— 
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