[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1419 Reported in Senate (RS)]
<DOC>
Calendar No. 192
116th CONGRESS
1st Session
S. 1419
[Report No. 116-88]
To require agencies to publish an advance notice of proposed rulemaking
for major rules.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2019
Mr. Lankford (for himself and Ms. Sinema) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
September 10, 2019
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 rulemaking
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 2019''.</DELETED>
<DELETED>SEC. 2. ADVANCE NOTICE OF PROPOSED RULEMAKING.</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,
health, safety, the environment, or on the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets; and</DELETED>
<DELETED> ``(16) `Office of Information and Regulatory
Affairs' means the office established under section 3503 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 Rulemaking 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 rulemaking for a major rule in
the Federal Register, the agency shall publish an advance
notice of proposed rulemaking for the major rule in the Federal
Register.</DELETED>
<DELETED> ``(2) Requirements.--An advance notice of proposed
rulemaking 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 any data and other
information on which the agency at the time
expects to rely for the proposed major
rule;</DELETED>
<DELETED> ``(ii) a general description of
regulatory alternatives under
consideration;</DELETED>
<DELETED> ``(iii) the legal authority under
which a major rule may be proposed;
and</DELETED>
<DELETED> ``(iv) an achievable objective for
the major rule;</DELETED>
<DELETED> ``(B) solicit written data, views, and
argument from interested persons concerning the
information and issues identified 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
rulemaking in the Federal Register for the major rule
under subparagraph (A) or (B) of subsection (b);
or</DELETED>
<DELETED> ``(B) the Administrator of the Office of
Information and Regulatory Affairs determines that
complying with the requirements described in this
subsection--</DELETED>
<DELETED> ``(i) would not serve the public
interest; or</DELETED>
<DELETED> ``(ii) would be unduly burdensome
and duplicative of processes required by
specific statutory requirements as rigorous as
those prescribed in paragraph (2).</DELETED>
<DELETED> ``(4) Judicial review.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Arbitrary and capricious.--Any
difference between policies set forth in the written
statement of an agency under paragraph (2)(A) and the
notice of proposed rulemaking shall not be reviewable
under section 706(2)(A).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Participation in Regulations
Act of 2019''.
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,
health, safety, the environment, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets; and
``(16) `Office of Information and Regulatory Affairs' means
the office established under section 3503 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 any data or categories of data
that the agency has identified as relevant or
that the agency intends to consult for the
proposed major rule;
``(ii) a general description of regulatory
alternatives under consideration; and
``(iii) the legal authority under which a
major rule may be proposed;
``(B) solicit written data, views, and argument
from interested persons concerning the information and
issues identified in the advance notice; and
``(C) provide for a period of not less than 30 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
subparagraph (A) or (B) of subsection (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;
``(ii) would be duplicative of processes as
rigorous and effective as those prescribed in
paragraph (2) and would be unnecessary to
ensure meaningful public participation; or
``(iii) would not be practicable due to a
statutory or court-imposed deadline; or
``(C) the Administrator of the Office of
Information and Regulatory Affairs determines that the
major rule falls within a category of major rules that
are routine or periodic in nature.
``(4) Judicial review.--
``(A) In general.--A determination made by the
Administrator of the Office of Information and
Regulatory Affairs in accordance with subparagraph (B)
or (C) of paragraph (3) shall not be subject to
judicial review.
``(B) Arbitrary and capricious.--Any difference
between policies set forth in the written statement of
an agency under paragraph (2)(A) and the notice of
proposed rule making shall not be reviewable under
section 706(2)(A).''.
Calendar No. 192
116th CONGRESS
1st Session
S. 1419
[Report No. 116-88]
_______________________________________________________________________
A BILL
To require agencies to publish an advance notice of proposed rulemaking
for major rules.
_______________________________________________________________________
September 10, 2019
Reported with an amendment