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Early Participation in Regulations Act of 2017

USA115th CongressS-579| Senate 
| Updated: 6/28/2017
James Lankford

James Lankford

Republican Senator

Oklahoma

Cosponsors (3)
Orrin G. Hatch (Republican)Heidi Heitkamp (Democratic)Pat Roberts (Republican)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Early Participation in Regulations Act of 2017 This bill directs agencies to publish advance notice of a proposed rulemaking not later than 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, or the ability of U.S. enterprises to compete with foreign-based enterprises. The advance notice 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 rulemaking, if 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 OIRA shall not be subject to judicial review.

Bill Text Versions

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Timeline
Mar 8, 2017
Introduced in Senate
Mar 8, 2017
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
May 17, 2017
Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
Jun 28, 2017
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-121.
Jun 28, 2017
Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.
  • March 8, 2017
    Introduced in Senate


  • March 8, 2017
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • May 17, 2017
    Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.


  • June 28, 2017
    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-121.


  • June 28, 2017
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.

Government Operations and Politics

Administrative law and regulatory proceduresCompetition and antitrustCompetitiveness, trade promotion, trade deficitsEconomic performance and conditionsGovernment information and archivesIndustrial policy and productivityInflation and prices

Early Participation in Regulations Act of 2017

USA115th CongressS-579| Senate 
| Updated: 6/28/2017
Early Participation in Regulations Act of 2017 This bill directs agencies to publish advance notice of a proposed rulemaking not later than 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, or the ability of U.S. enterprises to compete with foreign-based enterprises. The advance notice 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 rulemaking, if 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 OIRA shall not be subject to judicial review.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 8, 2017
Introduced in Senate
Mar 8, 2017
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
May 17, 2017
Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
Jun 28, 2017
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-121.
Jun 28, 2017
Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.
  • March 8, 2017
    Introduced in Senate


  • March 8, 2017
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • May 17, 2017
    Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.


  • June 28, 2017
    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-121.


  • June 28, 2017
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.
James Lankford

James Lankford

Republican Senator

Oklahoma

Cosponsors (3)
Orrin G. Hatch (Republican)Heidi Heitkamp (Democratic)Pat Roberts (Republican)

Homeland Security and Governmental Affairs Committee

Government Operations and Politics

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresCompetition and antitrustCompetitiveness, trade promotion, trade deficitsEconomic performance and conditionsGovernment information and archivesIndustrial policy and productivityInflation and prices