Senate - 09/06/2016 Placed on Senate Legislative Calendar under General Orders. Calendar No. 614. (All Actions)
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This bill has the status Introduced
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Introduced
Array
(
[actionDate] => 2016-09-06
[displayText] => 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.
[externalActionCode] => 14000
[description] => Introduced
[chamberOfAction] => Senate
)
A bill to require agencies to publish an advance notice of proposed rule making for major rules.
Actions Overview (2)
Date
Actions Overview
09/06/2016
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.
07/21/2015
Introduced in Senate
09/06/2016 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.
07/21/2015 Introduced in Senate
All Actions (5)
Date
All Actions
09/06/2016
Placed on Senate Legislative Calendar under General Orders. Calendar No. 614. Action By: Senate
09/06/2016
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.
10/07/2015
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
09/16/2015
Committee on Homeland Security and Governmental Affairs. Hearings held.
07/21/2015
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. Action By: Senate
09/06/2016 Placed on Senate Legislative Calendar under General Orders. Calendar No. 614.
09/06/2016 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.
10/07/2015 Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
09/16/2015 Committee on Homeland Security and Governmental Affairs. Hearings held.
07/21/2015 Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.
Shown Here: Reported to Senate with amendment(s) (09/06/2016)
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.
Shown Here: Reported to Senate with amendment(s) (09/06/2016)
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.
Shown Here: Introduced in Senate (07/21/2015)
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.
