IIB 
113TH CONGRESS 
2D SESSION 
H. R. 2804 
IN THE SENATE OF THE UNITED STATES 
MARCH 4, 2014 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend title 5, United States Code, to require the Admin-
istrator of the Office of Information and Regulatory Af-
fairs to publish information about rules on the Internet, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Achieving Less Excess in Regulation and Requiring 
Transparency Act of 2014’’ or as the ‘‘ALERRT Act of 
2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT 
Sec. 101. Short title. 
Sec. 102. Office of Information and Regulatory Affairs publication of informa-
tion relating to rules. 
TITLE II—REGULATORY ACCOUNTABILITY ACT 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Rule making. 
Sec. 204. Agency guidance; procedures to issue major guidance; presidential au-
thority to issue guidelines for issuance of guidance. 
Sec. 205. Hearings; presiding employees; powers and duties; burden of proof; 
evidence; record as basis of decision. 
Sec. 206. Actions reviewable. 
Sec. 207. Scope of review. 
Sec. 208. Added definition. 
Sec. 209. Effective date. 
TITLE III—REGULATORY FLEXIBILITY IMPROVEMENTS ACT 
Sec. 301. Short title. 
Sec. 302. Clarification and expansion of rules covered by the Regulatory Flexi-
bility Act. 
Sec. 303. Expansion of report of regulatory agenda. 
Sec. 304. Requirements providing for more detailed analyses. 
Sec. 305. Repeal of waiver and delay authority; additional powers of the Chief 
Counsel for Advocacy. 
Sec. 306. Procedures for gathering comments. 
Sec. 307. Periodic review of rules. 
Sec. 308. Judicial review of compliance with the requirements of the Regulatory 
Flexibility Act available after publication of the final rule. 
Sec. 309. Jurisdiction of court of appeals over rules implementing the Regu-
latory Flexibility Act. 
Sec. 310. Establishment and approval of small business concern size standards 
by Chief Counsel for Advocacy. 
Sec. 311. Clerical amendments. 
Sec. 312. Agency preparation of guides. 
Sec. 313. Comptroller General report. 
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TITLE IV—SUNSHINE FOR REGULATORY DECREES AND 
SETTLEMENTS ACT 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Consent decree and settlement reform. 
Sec. 404. Motions to modify consent decrees. 
Sec. 405. Effective date. 
TITLE I—ALL ECONOMIC REGU-
LATIONS ARE TRANSPARENT 
ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘All Economic Regula-
tions are Transparent Act of 2014’’ or the ‘‘ALERT Act 
of 2014’’. 
SEC. 102. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS PUBLICATION OF INFORMATION RE-
LATING TO RULES. 
(a) AMENDMENT.—Title 5, United States Code, is 
amended by inserting after chapter 6, the following new 
chapter: 
‘‘CHAPTER 6A—OFFICE OF INFORMATION 
AND REGULATORY AFFAIRS PUBLICA-
TION OF INFORMATION RELATING TO 
RULES 
‘‘Sec. 
‘‘651. Agency monthly submission to Office of Information and Regulatory Af-
fairs. 
‘‘652. Office of Information and Regulatory Affairs Publications. 
‘‘653. Requirement for rules to appear in agency-specific monthly publication. 
‘‘654. Definitions. 
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‘‘§ 651. Agency monthly submission to Office of Infor-
mation and Regulatory Affairs 
‘‘On a monthly basis, the head of each agency shall 
submit to the Administrator of the Office of Information 
and Regulatory Affairs (referred to in this chapter as the 
‘Administrator’), in such a manner as the Administrator 
may reasonably require, the following information: 
‘‘(1) For each rule that the agency expects to 
propose or finalize during the following year: 
‘‘(A) A summary of the nature of the rule, 
including the regulation identifier number and 
the docket number for the rule. 
‘‘(B) The objectives of and legal basis for 
the issuance of the rule, including— 
‘‘(i) any statutory or judicial deadline; 
and 
‘‘(ii) whether the legal basis restricts 
or precludes the agency from conducting 
an analysis of the costs or benefits of the 
rule during the rule making, and if not, 
whether the agency plans to conduct an 
analysis of the costs or benefits of the rule 
during the rule making. 
‘‘(C) Whether the agency plans to claim an 
exemption from the requirements of section 553 
pursuant to section 553(b)(B). 
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‘‘(D) The stage of the rule making as of 
the date of submission. 
‘‘(E) Whether the rule is subject to review 
under section 610. 
‘‘(2) For any rule for which the agency expects 
to finalize during the following year and has issued 
a general notice of proposed rule making— 
‘‘(A) an approximate schedule for com-
pleting action on the rule; 
‘‘(B) an estimate of whether the rule will 
cost— 
‘‘(i) less than $50,000,000; 
‘‘(ii) $50,000,000 or more but less 
than $100,000,000; 
‘‘(iii) $100,000,000 or more but less 
than $500,000,000; 
‘‘(iv) $500,000,000 or more but less 
than $1,000,000,000; 
‘‘(v) $1,000,000,000 or more but less 
than $5,000,000,000; 
‘‘(vi) $5,000,000,000 or more but less 
than $10,000,000,000; or 
‘‘(vii) $10,000,000,000 or more; and 
‘‘(C) any estimate of the economic effects 
of the rule, including any estimate of the net ef-
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fect that the rule will have on the number of 
jobs in the United States, that was considered 
in drafting the rule. If such estimate is not 
available, a statement affirming that no infor-
mation on the economic effects, including the 
effect on the number of jobs, of the rule has 
been considered. 
‘‘§ 652. Office of Information and Regulatory Affairs 
Publications 
‘‘(a) AGENCY-SPECIFIC INFORMATION PUBLISHED 
MONTHLY.—Not later than 30 days after the submission 
of information pursuant to section 651, the Administrator 
shall make such information publicly available on the 
Internet. 
‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY RULE 
MAKING PUBLISHED ANNUALLY.— 
‘‘(1) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—Not later than October 1 of each year, the 
Administrator shall publish in the Federal Register, 
for the previous year the following: 
‘‘(A) The information that the Adminis-
trator received from the head of each agency 
under section 651. 
‘‘(B) The number of rules and a list of 
each such rule— 
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‘‘(iv) accelerated the expiration date 
of a rule. 
‘‘(D) The total cost (without reducing the 
cost by any offsetting benefits) of all rules pro-
posed or finalized, and the number of rules for 
which an estimate of the cost of the rule was 
not available. 
‘‘(2) PUBLICATION
ON
THE
INTERNET.—Not 
later than October 1 of each year, the Administrator 
shall make publicly available on the Internet the fol-
lowing: 
‘‘(A) The analysis of the costs or benefits, 
if conducted, for each proposed rule or final 
rule issued by an agency for the previous year. 
‘‘(B) The docket number and regulation 
identifier number for each proposed or final 
rule issued by an agency for the previous year. 
‘‘(C) The number of rules and a list of 
each such rule reviewed by the Director of the 
Office of Management and Budget for the pre-
vious year, and the authority under which each 
such review was conducted. 
‘‘(D) The number of rules and a list of 
each such rule for which the head of an agency 
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completed a review under section 610 for the 
previous year. 
‘‘(E) The number of rules and a list of 
each such rule submitted to the Comptroller 
General under section 801. 
‘‘(F) The number of rules and a list of 
each such rule for which a resolution of dis-
approval was introduced in either the House of 
Representatives or the Senate under section 
802. 
‘‘§ 653. Requirement for rules to appear in agency- 
specific monthly publication 
‘‘(a) IN GENERAL.—Subject to subsection (b), a rule 
may not take effect until the information required to be 
made publicly available on the Internet regarding such 
rule pursuant to section 652(a) has been so available for 
not less than 6 months. 
‘‘(b) EXCEPTIONS.—The requirement of subsection 
(a) shall not apply in the case of a rule— 
‘‘(1) for which the agency issuing the rule 
claims an exception under section 553(b)(B); or 
‘‘(2) which the President determines by Execu-
tive order should take effect because the rule is— 
‘‘(A) necessary because of an imminent 
threat to health or safety or other emergency; 
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‘‘(B) necessary for the enforcement of 
criminal laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘§ 654. Definitions 
‘‘In this chapter, the terms ‘agency’, ‘agency action’, 
‘rule’, and ‘rule making’ have the meanings given those 
terms in section 551.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part I of title 5, United States 
Code, is amended by inserting after the item relating to 
chapter 5, the following: 
‘‘6. The Analysis of Regulatory Functions .............................................
601
‘‘6A. Office of Information and Regulatory Affairs Publication of In-
formation Relating to Rules ..........................................
651’’. 
(c) EFFECTIVE DATES.— 
(1) AGENCY MONTHLY SUBMISSION TO THE OF-
FICE
OF
INFORMATION
AND
REGULATORY
AF-
FAIRS.—The first submission required pursuant to 
section 651 of title 5, United States Code, as added 
by subsection (a), shall be submitted not later than 
30 days after the date of the enactment of this title, 
and monthly thereafter. 
(2) CUMULATIVE
ASSESSMENT
OF
AGENCY 
RULE MAKING.— 
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(A) IN GENERAL.—Subsection (b) of sec-
tion 652 of title 5, United States Code, as 
added by subsection (a), shall take effect on the 
date that is 60 days after the date of the enact-
ment of this title. 
(B) DEADLINE.—The first requirement to 
publish or make available, as the case may be, 
under subsection (b) of section 652 of title 5, 
United States Code, as added by subsection (a), 
shall be the first October 1 after the effective 
date of such subsection. 
(C) FIRST
PUBLICATION.—The require-
ment under section 652(b)(2)(A) of title 5, 
United States Code, as added by subsection (a), 
shall include for the first publication, any anal-
ysis of the costs or benefits conducted for a 
proposed or final rule, for the 10 years before 
the date of the enactment of this title. 
(3) REQUIREMENT FOR RULES TO APPEAR IN 
AGENCY-SPECIFIC MONTHLY PUBLICATION.—Section 
653 of title 5, United States Code, as added by sub-
section (a), shall take effect on the date that is 8 
months after the date of the enactment of this title. 
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TITLE II—REGULATORY 
ACCOUNTABILITY ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Regulatory Account-
ability Act of 2014’’. 
SEC. 202. 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 
inflation; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local, or tribal government agencies, or 
geographic 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 sec-
tors of the economy; 
‘‘(16) ‘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 $1,000,000,000 or 
more, adjusted annually for inflation; 
‘‘(17) ‘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— 
‘‘(A) in one or more sectors of the economy 
that has a 6-digit code under the North Amer-
ican Industry Classification System, reduce em-
ployment not related to new regulatory compli-
ance by 1 percent or more annually during the 
1-year, 5-year, or 10-year period after imple-
mentation; 
‘‘(B) in one or more sectors of the econ-
omy that has a 6-digit code under the North 
American Industry Classification System, re-
duce average weekly wages for employment not 
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related to new regulatory compliance by 1 per-
cent or more annually during the 1-year, 5- 
year, or 10-year period after implementation; 
‘‘(C) in any industry area (as such term is 
defined in the Current Population Survey con-
ducted by the Bureau of Labor Statistics) in 
which the most recent annual unemployment 
rate for the industry area is greater than 5 per-
cent, as determined by the Bureau of Labor 
Statistics in the Current Population Survey, re-
duce employment not related to new regulatory 
compliance during the first year after imple-
mentation; or 
‘‘(D) in any industry area in which the Bu-
reau of Labor Statistics projects in the Occupa-
tional Employment Statistics program that the 
employment level will decrease by 1 percent or 
more, further reduce employment not related to 
new regulatory compliance during the first year 
after implementation; 
‘‘(18) ‘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; 
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‘‘(19) ‘major guidance’ means guidance that the 
Administrator of the Office of Information and Reg-
ulatory Affairs finds is likely to lead to— 
‘‘(A) an annual cost on the economy of 
$100,000,000 or more, adjusted annually for 
inflation; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, local or tribal government agencies, or 
geographic regions; 
‘‘(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 sec-
tors of the economy; 
‘‘(20) 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 
Affairs or other agencies pursuant to the Act; and 
‘‘(21) the ‘Office of Information and Regulatory 
Affairs’ means the office established under section 
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3503 of chapter 35 of title 44 and any successor to 
that office.’’. 
SEC. 203. 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 in-
serting the following: 
‘‘(b) RULE MAKING CONSIDERATIONS.—In a rule 
making, an agency shall make all preliminary and final 
factual determinations based on evidence and consider, in 
addition to other applicable considerations, the following: 
‘‘(1) The legal authority under which a rule 
may be proposed, including whether a rule making 
is required by statute, and if so, whether by a spe-
cific date, or whether the agency has discretion to 
commence a rule making. 
‘‘(2) Other statutory considerations applicable 
to whether the agency can or should propose a rule 
or undertake other agency action. 
‘‘(3) The specific nature and significance of the 
problem the agency may address with a rule (includ-
ing the degree and nature of risks the problem poses 
and the priority of addressing those risks compared 
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to other matters or activities within the agency’s ju-
risdiction), whether the problem warrants new agen-
cy action, and the countervailing risks that may be 
posed by alternatives for new agency action. 
‘‘(4) Whether existing rules have created or 
contributed to the problem the agency may address 
with a rule and whether those rules could be amend-
ed or rescinded to address the problem in whole or 
part. 
‘‘(5) Any reasonable alternatives for a new rule 
or other response identified by the agency or inter-
ested persons, including not only responses that 
mandate particular conduct or manners of compli-
ance, but also— 
‘‘(A) the alternative of no Federal re-
sponse; 
‘‘(B) amending or rescinding existing 
rules; 
‘‘(C) potential regional, State, local, or 
tribal 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; 
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‘‘(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 asso-
ciated with potential alternative rules and other 
responses considered under section 553(b)(5), 
including direct, indirect, and cumulative costs 
and benefits and estimated impacts on jobs (in-
cluding an estimate of the net gain or loss in 
domestic jobs), wages, economic growth, innova-
tion, and economic competitiveness; 
‘‘(B) means to increase the cost-effective-
ness of any Federal response; and 
‘‘(C) incentives for innovation, consistency, 
predictability, lower costs of enforcement and 
compliance (to government entities, regulated 
entities, and the public), and flexibility. 
‘‘(c) ADVANCE NOTICE OF PROPOSED RULE MAKING 
FOR MAJOR RULES, HIGH-IMPACT RULES, NEGATIVE-IM-
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PACT ON JOBS AND WAGES RULES, AND RULES INVOLV-
ING NOVEL LEGAL OR POLICY ISSUES.—In the case of 
a rule making for a major rule, a high-impact rule, a nega-
tive-impact on jobs and wages rule, or a rule that involves 
a novel legal or policy issue arising out of statutory man-
dates, not later than 90 days before a notice of proposed 
rule making is published in the Federal Register, an agen-
cy shall publish advance notice of proposed rule making 
in the Federal Register. In publishing such advance 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-
cluding data and other evidence and informa-
tion on which the agency expects to rely for the 
proposed 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 dis-
cretion to commence a rule making; 
‘‘(C) preliminary information available to 
the agency concerning the other considerations 
specified in subsection (b); 
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‘‘(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; and 
‘‘(E) an achievable objective for the rule 
and metrics by which the agency will measure 
progress toward that objective; 
‘‘(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 
determines to propose a rule, and following completion of 
procedures under subsection (c), if applicable, the agency 
shall consult with the Administrator of the Office of Infor-
mation and Regulatory Affairs. If the agency thereafter 
determines to propose a rule, the agency shall publish a 
notice of proposed rule making, which shall include— 
‘‘(A) a statement of the time, place, and nature 
of public rule making proceedings; 
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‘‘(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 in-
formation 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); 
‘‘(ii) an additional statement of whether a rule 
is required by statute; and 
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‘‘(iii) an achievable objective for the rule and 
metrics by which the agency will measure progress 
toward that objective; 
‘‘(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 de-
scribed 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 
‘‘(H)(i) a statement of whether existing rules 
have created or contributed to the problem the agen-
cy 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. 
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All information provided to or considered by the agency, 
and steps to obtain information by the agency, in connec-
tion 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 discretion of the President or the Adminis-
trator 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 proposed 
rule and made accessible to the public by electronic means 
and otherwise for the public’s use when the notice of pro-
posed rule making is published. 
‘‘(2)(A) If the agency undertakes procedures under 
subsection (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 determination of other agency course. A notice 
of determination of other agency course shall include in-
formation required 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 existing rule, the agency need not undertake additional 
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proceedings under subsection (c) before it publishes a no-
tice of proposed rule making to amend or rescind the exist-
ing 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 
Affairs, information provided by that Office in consulta-
tions with the agency, 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 published. 
‘‘(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 
submission of written data, views, or arguments with or 
without opportunity for oral presentation, except that— 
‘‘(A) if a hearing is required under paragraph 
(4)(B) or subsection (e), opportunity for oral presen-
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tation shall be provided pursuant to that require-
ment; or 
‘‘(B) when other than under subsection (e) 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 hearing, sections 
556 and 557 shall apply, and paragraph (4), the re-
quirements of subsection (e) to receive comment out-
side 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 
proposed rule making, a member of the public may peti-
tion for a hearing in accordance with section 556 to deter-
mine whether any evidence or other information upon 
which the agency bases the proposed rule fails to comply 
with the Information 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 sub-
ject of the petition and, if appropriate, withdraw the pro-
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