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Bill116th CongressFiled May 13, 2019Government Operations and Politics
S. 1419

Early Participation in Regulations Act of 2019

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What it doesSummary reported to senate (Sep 10, 2019)

Early Participation in Regulations Act of 2019

This bill directs agencies to publish advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major 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, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The advance notice must

  • include, among other information, a written a description of the rule and the legal authority under which it is proposed; and
  • solicit and provide a period of at least 30 days for submission of written data, views, and argument from interested persons.

Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act.

Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that such advance notice is (1) not in the public interest, (2) duplicative of another statutory requirement, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature. Such a determination made by OIRA is not subject to judicial review.

What just happenedSep 10, 2019

Placed on Senate Legislative Calendar under General Orders. Calendar No. 192.

Who’s behind it

Sen. Lankford, James [R-OK](R-OK)Sponsor
1 cosponsor1 D
Read on Congress.gov
1cosponsors2committees8actions7subjects
  1. Sep 10, 2019Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 192.

  2. Sep 10, 2019Committee

    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-88.

    Homeland Security and Governmental Affairs Committee
  3. Sep 10, 2019Committee14000

    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-88.

    Homeland Security and Governmental Affairs Committee
  4. Jun 19, 2019Committee

    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. May 22, 2019Committee

    Committee on Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management. Hearings held.

    Regulatory Affairs and Federal Management Subcommittee
  6. May 22, 2019Committee

    Committee on Small Business and Entrepreneurship. Hearings held.

    Small Business and Entrepreneurship Committee
  7. May 13, 2019IntroReferral

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

    Homeland Security and Governmental Affairs Committee
  8. May 13, 2019IntroReferral10000

    Introduced in Senate

Reported to SenateSep 10, 201925

Early Participation in Regulations Act of 2019

This bill directs agencies to publish advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major 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, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The advance notice must

  • include, among other information, a written a description of the rule and the legal authority under which it is proposed; and
  • solicit and provide a period of at least 30 days for submission of written data, views, and argument from interested persons.

Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act.

Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that such advance notice is (1) not in the public interest, (2) duplicative of another statutory requirement, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature. Such a determination made by OIRA is not subject to judicial review.

Introduced in SenateMay 13, 2019

Early Participation in Regulations Act of 2019

This bill directs agencies to publish advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major 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, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The advance notice must

  • include, among other information, a written a description of the rule and the legal authority under which it is proposed; and
  • solicit and provide a period of at least 60 days for submission of written data, views, and argument from interested persons.

Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act.

Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that such advance notice is not in the public interest or duplicative of another statutory requirement. Such a determination made by OIRA is not subject to judicial review.

Early Participation in Regulations Act of 2019 — Informed