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This bill would require federal agencies to give the public an early warning before proposing certain large or far-reaching regulations. For rules expected to have a big economic impact or major effects on prices, jobs, competition, health, safety, the environment, or business, an agency would generally have to publish an advance notice at least 90 days before it issues the formal proposal. That early notice would explain the problem the agency wants to address, the possible solutions it is considering, and the legal authority it would use. The public would then have at least 30 days to send comments, data, and other feedback. The bill also sets out some exceptions, including cases where early notice would not be practical, would duplicate another strong public process, would not be in the public interest, or where the rule is routine or periodic.
- “Major rules” are defined as rules likely to have an annual economic effect of $100 million or more, cause major cost or price increases, or significantly affect competition, jobs, investment, innovation, health, safety, the environment, or the ability of U.S. businesses to compete.
- Before proposing a major rule, an agency would have to publish an advance notice in the Federal Register at least 90 days ahead of the formal proposed rule.
- The advance notice would need to describe the issue being addressed, the data the agency is relying on or plans to review, possible regulatory alternatives, and the legal authority for the rule.
- Agencies would have to invite written public comments for at least 30 days. Some exceptions would apply, including when notice is not required for the rule, when the process would be impractical or unnecessary, or when the rule is routine or tied to a deadline. Certain agency decisions under these exceptions would not be open to court review.
Official Summaries
Early Participation in Regulations Act of 2025
This bill directs agencies to publish an advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major rule. A major rule is a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic effect 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 a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; and
- solicit and provide 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 law for the purposes of review under 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 advance notice is (1) not in the public interest, (2) duplicative of a similar process, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 77 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 77
To require agencies to publish an advance notice of proposed rule
making for major rules.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2025
Mr. Lankford (for himself and Mrs. Capito) introduced the following
bill; 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 rules.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Participation in Regulations
Act of 2025''.
SEC. 2. ADVANCE NOTICE OF PROPOSED RULE MAKING.
Subchapter II of chapter 5 of title 5, United States Code, is
amended--
(1) in section 551--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
of the Office of Information and Regulatory Affairs determines
is likely to impose--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or Tribal government agencies, or geographic
regions; or
``(C) significant effects on competition,
employment, investment, productivity, innovation,
health, safety, the environment, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets; and
``(16) `Office of Information and Regulatory Affairs' means
the office established under section 3503 of title 44 and any
successor to that office.''; and
(2) in section 553, by adding at the end the following:
``(f) Advance Notice of Proposed Rule Making for Major Rules.--
``(1) In general.--Except as provided in paragraph (3), not
later than 90 days before the date on which an agency publishes
a notice of proposed rule making for a major rule in the
Federal Register, the agency shall publish an advance notice of
proposed rule making for the major rule in the Federal
Register.
``(2) Requirements.--An advance notice of proposed rule
making published under paragraph (1) shall--
``(A) include a written statement identifying, at a
minimum--
``(i) the nature and significance of the
problem the agency may address with a major
rule, including any data or categories of data
that the agency has identified as relevant or
that the agency intends to consult for the
proposed major rule;
``(ii) a general description of regulatory
alternatives under consideration; and
``(iii) the legal authority under which a
major rule may be proposed;
``(B) solicit written data, views, and argument
from interested persons concerning the information and
issues identified in the advance notice; and
``(C) provide for a period of not less than 30 days
for interested persons to submit such written data,
views, or argument to the agency.
``(3) Exceptions.--This subsection shall not apply to a
major rule if--
``(A) 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
subparagraph (A) or (B) of subsection (b);
``(B) the Administrator of the Office of
Information and Regulatory Affairs determines that
complying with the requirements described in this
subsection--
``(i) would not serve the public interest;
``(ii) would be duplicative of processes as
rigorous and effective as those prescribed in
paragraph (2) and would be unnecessary to
ensure meaningful public participation; or
``(iii) would not be practicable due to a
statutory or court-imposed deadline; or
``(C) the Administrator of the Office of
Information and Regulatory Affairs determines that the
major rule falls within a category of major rules that
are routine or periodic in nature.
``(4) Judicial review.--
``(A) In general.--A determination made by the
Administrator of the Office of Information and
Regulatory Affairs in accordance with subparagraph (B)
or (C) of paragraph (3) shall not be subject to
judicial review.
``(B) Arbitrary and capricious.--Any difference
between policies set forth in the written statement of
an agency under paragraph (2)(A) and the notice of
proposed rule making shall not be reviewable under
section 706(2)(A).''.
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