,,ii  #aaeth ,,congress  #ast ,session  
,s4 #egi  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #h1 #bjag,mr4
 ,lankford 7for himself and ,ms4        
,heitkamp7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to require agencies to publish an      
advance notice of proposed rule making  
for major rules4  #a4 ,short title ,this
 ,act may be cited as the ,early        
,participation in ,regulations ,act of  
#bjag4  #b4 ,advance notice of proposed 
rule making ,subchapter ,,ii of chapter 
#e of title #e1 ,united ,states ,code1  
is amended-- 7#a7 in section #eea--     
7,a7 in paragraph 7#ac71 by striking and
 at the end2  7,b7 in paragraph 7#ad71  
by striking the period at the end and   
inserting a semicolon2 and  7,c7 by     
adding at the end the following3  7#ae7 
major rule means any rule that the      
,administrator of the ,office of        
,information and ,regulatory ,affairs   

determines is likely to impose--  7,a7  
an annual effect on the economy of      
#ajj1jjj1jjj or more2  7,b7 a major     
increase in costs or prices for         
consumers1 individual industries1       
,federal1 ,state1 local1 or tribal      
government agencies1 or geographic      
regions2 or  7,c7 significant effects on
 competition1 employment1 investment1   
productivity1 innovation1 or on the     
ability of ,united ,states-based        
enterprises to compete with             
foreign-based enterprises in domestic   
and export markets2 and  7#af7 the      
,office of ,information and ,regulatory 
,affairs means the office established   
under section #cejc of chapter #ce of   
title #dd and any successor to that     
office4  2 and  7#b7 in section #eec1 by
 adding at the end the following3  7f7  
,advance notice of proposed rule making 
for major rules  7#a7 ,in general       
,except as provided in paragraph 7#c71  
not later than #ij days before the date 
on which an agency publishes a notice of

 proposed rule making for a major rule  
in the ,federal ,register1 the agency   
shall publish an advance notice of      
proposed rule making for the major rule 
in the ,federal ,register4  7#b7        
,requirements ,an advance notice of     
proposed rule making published under    
paragraph 7#a7 shall-- 7,a7 include a   
written statement identifying1 at a     
minimum--  7i7 the nature and           
significance of the problem the agency  
may address with a major rule1 including
 data and other evidence and information
 on which the agency expects to rely for
 the proposed major rule2  7ii7 a       
general description of regulatory       
alternatives under consideration2  7iii7
 the legal authority under which a major
 rule may be proposed1 including whether
 a rule making is required by statute1  
and if so1 whether by a specific date1  
or whether the agency has discretion to 
commence a rule making2 and  7iv7 an    
achievable objective for the major rule 
and metrics by which the agency expects 

to measure progress toward that         
objective2  7,b7 solicit written data1  
views1 and argument from interested     
persons concerning the information and  
issues addressed in the advance notice2 
and  7,c7 provide for a period of not   
less than #fj days for interested       
persons to submit such written data1    
views1 or argument to the agency4  7#c7 
,exceptions ,this subsection shall not  
apply to a major rule if-- 7,a7 the     
agency proposing the major rule is not  
required to publish a notice of proposed
 rule making in the ,federal ,register  
for the major rule under subsection     
7b77#c77;,b72  7,b7 the ,administrator  
of the ,office of ,information and      
,regulatory ,affairs determines that    
complying with the requirements         
described in this subsection--  7i7     
would not serve the public interest2 or 
7ii7 would be unduly burdensome and     
duplicative of processes required by    
specific statutory requirements as      
rigorous as those prescribed in         

paragraph 7#b72 or  7,c7 the agency     
proposing the major rule is otherwise   
specifically exempted by law from the   
notice and comment rule making          
procedures under this section4  7#d7    
,judicial review  7,a7 ,in general ,a   
determination made by the ,administrator
 of the ,office of ,information and     
,regulatory ,affairs in accordance with 
paragraph 7#c77;,b7 shall not be subject
 to judicial review4  7,b7 ,arbitrary   
and capricious ,any deviation between   
policies set forth in the written       
statement of an agency under paragraph  
7#b77;,a7 and any final agency action   
shall not be considered arbitrary1      
capricious1 an abuse of discretion1 or  
otherwise not in accordance with the law
 under section #gjf7b77;,a74  4