[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1820 Reported in Senate (RS)]
<DOC>
Calendar No. 614
114th CONGRESS
2d Session
S. 1820
[Report No. 114-343]
To require agencies to publish an advance notice of proposed rule
making for major rules.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2015
Mr. Lankford (for himself, Ms. Heitkamp, Ms. Ayotte, Mrs. Ernst, and
Mr. Kirk) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
September 6, 2016
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require agencies to publish an advance notice of proposed rule
making for major rules.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Early Participation in
Regulations Act of 2015''.</DELETED>
<DELETED>SEC. 2. ADVANCE NOTICE OF PROPOSED RULE MAKING.</DELETED>
<DELETED> Subchapter II of chapter 5 of title 5, United States Code,
is amended--</DELETED>
<DELETED> (1) in section 551--</DELETED>
<DELETED> (A) in paragraph (13), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (14), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(15) `major rule' means any rule that the
Administrator of the Office of Information and Regulatory
Affairs determines is likely to impose--</DELETED>
<DELETED> ``(A) an annual effect on the economy of
$100,000,000 or more;</DELETED>
<DELETED> ``(B) a major increase in costs or prices
for consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions; or</DELETED>
<DELETED> ``(C) significant effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; and</DELETED>
<DELETED> ``(16) 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.'';
and</DELETED>
<DELETED> (2) in section 553, by adding at the end the
following:</DELETED>
<DELETED> ``(f) Advance Notice of Proposed Rule Making for Major
Rules.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(3), not later than 90 days before the date on which an agency
publishes a notice of proposed rule making for a major rule in
the Federal Register, the agency shall publish an advance
notice of proposed rule making for the major rule in the
Federal Register.</DELETED>
<DELETED> ``(2) Requirements.--An advance notice of proposed
rule making published under paragraph (1) shall--</DELETED>
<DELETED> ``(A) include a written statement
identifying, at a minimum--</DELETED>
<DELETED> ``(i) the nature and significance
of the problem the agency may address with a
major rule, including data and other evidence
and information on which the agency expects to
rely for the proposed major rule;</DELETED>
<DELETED> ``(ii) the legal authority under
which a major rule may be proposed, including
whether a rule making is required by statute,
and if so, whether by a specific date, or
whether the agency has discretion to commence a
rule making; and</DELETED>
<DELETED> ``(iii) an achievable objective
for the major rule and metrics by which the
agency will measure progress toward that
objective;</DELETED>
<DELETED> ``(B) solicit written data, views, and
argument from interested persons concerning the
information and issues addressed in the advance notice;
and</DELETED>
<DELETED> ``(C) provide for a period of not less
than 60 days for interested persons to submit such
written data, views, or argument to the
agency.</DELETED>
<DELETED> ``(3) Exceptions.--This subsection shall not apply
to a major rule if--</DELETED>
<DELETED> ``(A) the agency proposing the major rule
is not required to publish a notice of proposed rule
making in the Federal Register for the major rule under
subsection (b)(3)(B);</DELETED>
<DELETED> ``(B) the Administrator of the Office of
Information and Regulatory Affairs determines that the
requirements described in this subsection would not
serve the public interest; or</DELETED>
<DELETED> ``(C) the agency proposing the major rule
is otherwise specifically exempted by law from the
notice and comment rule making procedures under this
section.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Participation in Regulations
Act of 2015''.
SEC. 2. ADVANCE NOTICE OF PROPOSED RULE MAKING.
Subchapter II of chapter 5 of title 5, United States Code, is
amended--
(1) in section 551--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
of the Office of Information and Regulatory Affairs determines
is likely to impose--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions; or
``(C) significant effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; and
``(16) 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.''; and
(2) in section 553, by adding at the end the following:
``(f) Advance Notice of Proposed Rule Making for Major Rules.--
``(1) In general.--Except as provided in paragraph (3), not
later than 90 days before the date on which an agency publishes
a notice of proposed rule making for a major rule in the
Federal Register, the agency shall publish an advance notice of
proposed rule making for the major rule in the Federal
Register.
``(2) Requirements.--An advance notice of proposed rule
making published under paragraph (1) shall--
``(A) include a written statement identifying, at a
minimum--
``(i) the nature and significance of the
problem the agency may address with a major
rule, including data and other evidence and
information on which the agency expects to rely
for the proposed major rule;
``(ii) a general description of regulatory
alternatives under consideration;
``(iii) the legal authority under which a
major rule may be proposed, including whether a
rule making is required by statute, and if so,
whether by a specific date, or whether the
agency has discretion to commence a rule
making; and
``(iv) an achievable objective for the
major rule and metrics by which the agency
expects to measure progress toward that
objective;
``(B) solicit written data, views, and argument
from interested persons concerning the information and
issues addressed in the advance notice; and
``(C) provide for a period of not less than 60 days
for interested persons to submit such written data,
views, or argument to the agency.
``(3) Exceptions.--This subsection shall not apply to a
major rule if--
``(A) the agency proposing the major rule is not
required to publish a notice of proposed rule making in
the Federal Register for the major rule under
subsection (b)(3)(B);
``(B) the Administrator of the Office of
Information and Regulatory Affairs determines that
complying with the requirements described in this
subsection--
``(i) would not serve the public interest;
or
``(ii) would be unduly burdensome and
duplicative of processes required by specific
statutory requirements as rigorous as those
prescribed in paragraph (2); or
``(C) the agency proposing the major rule is
otherwise specifically exempted by law from the notice
and comment rule making procedures under this section.
``(4) Judicial review.--
``(A) In general.--A determination made by the
Administrator of the Office of Information and
Regulatory Affairs in accordance with paragraph (3)(B)
shall not be subject to judicial review.
``(B) Arbitrary and capricious.--Any deviation
between policies set forth in the written statement of
an agency under paragraph (2)(A) and any final agency
action shall not be considered arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance
with the law under section 706(2)(A).''.
Calendar No. 614
114th CONGRESS
2d Session
S. 1820
[Report No. 114-343]
_______________________________________________________________________
A BILL
To require agencies to publish an advance notice of proposed rule
making for major rules.
_______________________________________________________________________
September 6, 2016
Reported with an amendment