Early Participation in Regulations Act of 2015

Bill: 114-s-1820
Sponsor: Sen. Lankford, James [R-OK]
Introduced: 2015-07-21 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Business investment and capital
Competition and antitrust
Competitiveness, trade promotion, trade deficits
Consumer affairs
Economic performance and conditions
Government information and archives
Inflation and prices

Summary:
action_date: 2015-07-21
text: 

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.

action_date: 2016-09-06
text: 

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.


Legislative actions:
action_date: 2016-09-06
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 614.
action_date: 2016-09-06
text: 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.
action_date: 2016-09-06
text: 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.
action_date: 2015-10-07
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-09-16
text: Committee on Homeland Security and Governmental Affairs. Hearings held.
action_date: 2015-07-21
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2015-07-21
text: Introduced in Senate