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Bill114th CongressFiled Jul 21, 2015Government Operations and Politics
S. 1820

Early Participation in Regulations Act of 2015

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What it doesSummary reported to senate with amendment(s) (Sep 6, 2016)

Early Participation in Regulations Act of 2015

(Sec. 2) This bill defines a "major rule" as a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The bill directs an agency, not later than 90 days before publishing a notice of proposed rule making for a major rule in the Federal Register, to publish advance notice of proposed rule making for such rule, which shall:

  • include a written statement identifying the nature and significance of the problem to be addressed, a general description of regulatory alternatives, the legal authority under which the rule is proposed, and an achievable objective for the rule and metrics by which the agency expects to measure progress toward that objective; and
  • solicit and provide a period of at least 60 days for submission of written data, views, and argument from interested persons.

Any deviation between policies set forth in such statement and any final agency action shall not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act.

The bill is inapplicable to a major rule:

  • for which the proposing agency is not required to publish a notice of proposed rule making,
  • if the OIRA determines that complying with the requirements described in this bill would not serve the public interest or would be unduly burdensome and duplicative of processes required by specific statutory requirements as rigorous as those prescribed in this bill, or
  • if the agency proposing the major rule is otherwise specifically exempted by law from notice and comment rule making procedures.

Such a determination made by the OIRA shall not be subject to judicial review.

What just happenedSep 6, 2016

Placed on Senate Legislative Calendar under General Orders. Calendar No. 614.

Who’s behind it

Sen. Lankford, James [R-OK](R-OK)Sponsor
4 cosponsors1 D3 R
Read on Congress.gov
4cosponsors1committees7actions8subjects
  1. Sep 6, 2016Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 614.

  2. Sep 6, 2016Committee

    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-343. Additional views filed.

    Homeland Security and Governmental Affairs Committee
  3. Sep 6, 2016Committee14000

    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-343. Additional views filed.

    Homeland Security and Governmental Affairs Committee
  4. Oct 7, 2015Committee

    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Homeland Security and Governmental Affairs Committee
  5. Sep 16, 2015Committee

    Committee on Homeland Security and Governmental Affairs. Hearings held.

    Homeland Security and Governmental Affairs Committee
  6. Jul 21, 2015IntroReferral

    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

    Homeland Security and Governmental Affairs Committee
  7. Jul 21, 2015IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Sep 6, 20161

Early Participation in Regulations Act of 2015

(Sec. 2) This bill defines a "major rule" as a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The bill directs an agency, not later than 90 days before publishing a notice of proposed rule making for a major rule in the Federal Register, to publish advance notice of proposed rule making for such rule, which shall:

  • include a written statement identifying the nature and significance of the problem to be addressed, a general description of regulatory alternatives, the legal authority under which the rule is proposed, and an achievable objective for the rule and metrics by which the agency expects to measure progress toward that objective; and
  • solicit and provide a period of at least 60 days for submission of written data, views, and argument from interested persons.

Any deviation between policies set forth in such statement and any final agency action shall not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act.

The bill is inapplicable to a major rule:

  • for which the proposing agency is not required to publish a notice of proposed rule making,
  • if the OIRA determines that complying with the requirements described in this bill would not serve the public interest or would be unduly burdensome and duplicative of processes required by specific statutory requirements as rigorous as those prescribed in this bill, or
  • if the agency proposing the major rule is otherwise specifically exempted by law from notice and comment rule making procedures.

Such a determination made by the OIRA shall not be subject to judicial review.

Introduced in SenateJul 21, 2015

Early Participation in Regulations Act of 2015

Defines a "major rule" as a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete with foreign-based enterprises.

Directs an agency, not later than 90 days before publishing a notice of proposed rule making for a major rule in the Federal Register, to publish advance notice of proposed rule making for such rule. Requires such advance notice to: (1) include a written statement identifying the nature and significance of the problem to be addressed, the legal authority under which the rule is proposed, and an achievable objective for the rule and metrics for measuring progress toward that objective; and (2) solicit and provide a period of at least 60 days for submission of written data, views, and argument from interested persons.

Makes this Act inapplicable to a major rule: (1) for which the proposing agency is not required to publish a notice of proposed rule making, (2) if the OIRA determines that the requirements described in this Act would not serve the public interest, or (3) if the agency proposing the major rule is otherwise specifically exempted by law from notice and comment rule making procedures.

Early Participation in Regulations Act of 2015 — Informed