(a) DutiesThe Secretary and the Governor of the telephone bank shall—
notwithstanding section 553(a)(2) of title 5, cause to be published in the Federal Register, in accordance with subsections (b) through (e) of section 553 of such title, all rules, regulations, bulletins, and other written policy standards governing the operations of the telephone loan and loan guarantee programs administered under this chapter other than those relating to agency management and personnel;
(2) in evaluating the feasibility of a telephone loan to be made to a borrower for telephone services, use—
with respect to items for which the regulatory authority with jurisdiction over the provision of such services has approved the depreciation rates used by the borrower, such approved rates; and
with respect to other items, the average of the depreciation rates used by borrowers of telephone loans made under this chapter;
(b) ProhibitionsThe Secretary and the Governor of the telephone bank shall not—
deny a loan or advance to, or take any other adverse action against, an applicant for, or a borrower of, a telephone loan under this chapter for any reason that is not based on a rule, regulation, bulletin, or other written policy standard that has not been published pursuant to section 553 of title 5.