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Early Participation in Regulations Act of 2021

USA117th CongressS-2804| Senate 
| Updated: 9/22/2021
James Lankford

James Lankford

Republican Senator

Oklahoma

Cosponsors (1)
Kyrsten Sinema (Independent)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Early Participation in Regulations Act of 2021 This bill directs agencies to publish advance notice of a proposed rulemaking at least 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, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises. The advance notice must include, among other information, a written a description of the rule and the legal authority under which it is proposed; and solicit and provide a period of at least 30 days for submission of written data, views, and argument from interested persons. Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act. Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that such advance notice is (1) not in the public interest, (2) duplicative of another statutory requirement, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature. Such a determination made by OIRA is not subject to judicial review.
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Timeline

Bill from Previous Congress

S 116-1419
Early Participation in Regulations Act of 2019

Bill from Previous Congress

S 115-579
Early Participation in Regulations Act of 2017
Sep 22, 2021
Introduced in Senate
Sep 22, 2021
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  • Bill from Previous Congress

    S 116-1419
    Early Participation in Regulations Act of 2019


  • Bill from Previous Congress

    S 115-579
    Early Participation in Regulations Act of 2017


  • September 22, 2021
    Introduced in Senate


  • September 22, 2021
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

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 2021

USA117th CongressS-2804| Senate 
| Updated: 9/22/2021
Early Participation in Regulations Act of 2021 This bill directs agencies to publish advance notice of a proposed rulemaking at least 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, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises. The advance notice must include, among other information, a written a description of the rule and the legal authority under which it is proposed; and solicit and provide a period of at least 30 days for submission of written data, views, and argument from interested persons. Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act. Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that such advance notice is (1) not in the public interest, (2) duplicative of another statutory requirement, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature. Such a determination made by OIRA is not subject to judicial review.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-1419
Early Participation in Regulations Act of 2019

Bill from Previous Congress

S 115-579
Early Participation in Regulations Act of 2017
Sep 22, 2021
Introduced in Senate
Sep 22, 2021
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  • Bill from Previous Congress

    S 116-1419
    Early Participation in Regulations Act of 2019


  • Bill from Previous Congress

    S 115-579
    Early Participation in Regulations Act of 2017


  • September 22, 2021
    Introduced in Senate


  • September 22, 2021
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
James Lankford

James Lankford

Republican Senator

Oklahoma

Cosponsors (1)
Kyrsten Sinema (Independent)

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