Early Participation in Regulations Act of 2025

Bill: 119-s-77
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2025-01-13
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Competition and antitrust

Competitiveness, trade promotion, trade deficits

Economic performance and conditions

Government information and archives

Industrial policy and productivity

Inflation and prices
Latest action: action_date: 2025-01-13
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2025-01-13
action_desc: Introduced in Senate
text: <p><strong>Early Participation in Regulations Act of 2025</strong></p><p>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 <em>major rule</em> is a rule&nbsp;that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic&nbsp;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.</p><p>The advance notice must</p><ul><li>include a  description of the problem the rule may&nbsp;address, alternatives under consideration,  and the legal authority for proposing the rule; and</li><li>solicit and provide at least 30 days for submission of written data, views, and argument from interested persons.</li></ul><p>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&nbsp;for the purposes of review under&nbsp;the Administrative Procedure Act.</p><p>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.</p>

tv_txt: II 119th CONGRESS 1st Session S. 77 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.

1. Short title This Act may be cited as the Early Participation in Regulations Act of 2025 . 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). .