,,ii  #aafth ,,congress  #ast ,session  
,s4 #adai  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ac1      
#bjai,mr4 ,lankford 7for himself and    
,ms4 ,sinema7 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 rulemaking   
for major rules4  #a4 ,short title ,this
 ,act may be cited as the ,early        
,participation in ,regulations ,act of  
#bjai4  #b4 ,advance notice of proposed 
rulemaking ,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 health1       
safety1 the environment1 or on the      
ability of ,united ,states-based        
enterprises to compete with             
foreign-based enterprises in domestic   
and export markets2 and  7#af7 ,office  
of ,information and ,regulatory ,affairs
 means the office established under     
section #cejc 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 rulemaking 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          
rulemaking for a major rule in the      
,federal ,register1 the agency shall    
publish an advance notice of proposed   
rulemaking for the major rule in the    
,federal ,register4  7#b7 ,requirements 
,an advance notice of proposed          
rulemaking 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 any data and other
 information on which the agency at the 
time 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 proposed2 and  7iv7 an achievable    
objective for the major rule2  7,b7     
solicit written data1 views1 and        
argument from interested persons        
concerning the information and issues   
identified 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
 rulemaking in the ,federal ,register   
for the major rule under subparagraph   
7,a7 or 7,b7 of subsection 7b72 or  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#b74  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 difference between  
policies set forth in the written       
statement of an agency under paragraph  
7#b77;,a7 and the notice of proposed    
rulemaking shall not be reviewable under
 section #gjf7b77;,a74  4