S. 2804 · 117th Congress
Early Participation in Regulations Act of 2021
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Never voted on. It didn't reach a floor vote before the 117th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
LankfordSponsor1 cosponsor · 1 D
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
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…
What it does: CRS summary · Introduced in Senate · Sep 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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Early Participation in Regulations Act of 2021
Latest action (Sep 22, 2021): Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Policy area: Government Operations and Politics · Origin: Senate · Introduced: Sep 22, 2021
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.