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Early Participation in Regulations Act of 2025

USA119th CongressS-77| Senate 
| Updated: 1/13/2025
James Lankford

James Lankford

Republican Senator

Oklahoma

Cosponsors (1)
Shelley Moore Capito (Republican)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill mandates that federal agencies publish an advance notice of proposed rulemaking (ANPRM) for all "major rules" at least 90 days before issuing a standard notice of proposed rulemaking. This new requirement aims to foster earlier and more robust public participation in the development of significant regulations. The ANPRM must be published in the Federal Register, providing an initial opportunity for public input on potential regulatory actions. A "major rule" is specifically defined as one likely to impose an annual economic effect of $100 million or more, or cause a major increase in costs or prices for various sectors. It also includes rules with significant effects on competition, employment, investment, productivity, innovation, health, safety, or the environment. The Administrator of the Office of Information and Regulatory Affairs (OIRA) is tasked with determining whether a rule meets this "major rule" classification. The advance notice must clearly identify the nature and significance of the problem the agency intends to address, along with any relevant data or categories of data. It also requires a general description of regulatory alternatives under consideration and the legal authority for the potential rule. Agencies must solicit written data, views, and arguments from interested persons, providing a public comment period of not less than 30 days. The OIRA Administrator can grant exceptions to this ANPRM requirement under specific circumstances, such as when compliance would not serve the public interest or would be duplicative of equally rigorous processes. Exceptions may also be made if compliance is impracticable due to statutory or court-imposed deadlines, or for major rules deemed routine or periodic. Notably, the Administrator's determinations regarding these exceptions are not subject to judicial review , and differences between the ANPRM statement and the subsequent proposed rule are also protected from certain judicial challenges.
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Timeline

Bill from Previous Congress

S 116-1419
Early Participation in Regulations Act of 2019

Bill from Previous Congress

S 117-2804
Early Participation in Regulations Act of 2021

Bill from Previous Congress

S 118-4263
Early Participation in Regulations Act of 2024

Bill from Previous Congress

S 115-579
Early Participation in Regulations Act of 2017
Jan 13, 2025
Introduced in Senate
Jan 13, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  • Bill from Previous Congress

    S 116-1419
    Early Participation in Regulations Act of 2019


  • Bill from Previous Congress

    S 117-2804
    Early Participation in Regulations Act of 2021


  • Bill from Previous Congress

    S 118-4263
    Early Participation in Regulations Act of 2024


  • Bill from Previous Congress

    S 115-579
    Early Participation in Regulations Act of 2017


  • January 13, 2025
    Introduced in Senate


  • January 13, 2025
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Government Operations and Politics

Administrative law and regulatory proceduresCompetition and antitrustCompetitiveness, trade promotion, trade deficitsEconomic performance and conditionsGovernment information and archivesIndustrial policy and productivityInflation and prices

Early Participation in Regulations Act of 2025

USA119th CongressS-77| Senate 
| Updated: 1/13/2025
This bill mandates that federal agencies publish an advance notice of proposed rulemaking (ANPRM) for all "major rules" at least 90 days before issuing a standard notice of proposed rulemaking. This new requirement aims to foster earlier and more robust public participation in the development of significant regulations. The ANPRM must be published in the Federal Register, providing an initial opportunity for public input on potential regulatory actions. A "major rule" is specifically defined as one likely to impose an annual economic effect of $100 million or more, or cause a major increase in costs or prices for various sectors. It also includes rules with significant effects on competition, employment, investment, productivity, innovation, health, safety, or the environment. The Administrator of the Office of Information and Regulatory Affairs (OIRA) is tasked with determining whether a rule meets this "major rule" classification. The advance notice must clearly identify the nature and significance of the problem the agency intends to address, along with any relevant data or categories of data. It also requires a general description of regulatory alternatives under consideration and the legal authority for the potential rule. Agencies must solicit written data, views, and arguments from interested persons, providing a public comment period of not less than 30 days. The OIRA Administrator can grant exceptions to this ANPRM requirement under specific circumstances, such as when compliance would not serve the public interest or would be duplicative of equally rigorous processes. Exceptions may also be made if compliance is impracticable due to statutory or court-imposed deadlines, or for major rules deemed routine or periodic. Notably, the Administrator's determinations regarding these exceptions are not subject to judicial review , and differences between the ANPRM statement and the subsequent proposed rule are also protected from certain judicial challenges.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-1419
Early Participation in Regulations Act of 2019

Bill from Previous Congress

S 117-2804
Early Participation in Regulations Act of 2021

Bill from Previous Congress

S 118-4263
Early Participation in Regulations Act of 2024

Bill from Previous Congress

S 115-579
Early Participation in Regulations Act of 2017
Jan 13, 2025
Introduced in Senate
Jan 13, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  • Bill from Previous Congress

    S 116-1419
    Early Participation in Regulations Act of 2019


  • Bill from Previous Congress

    S 117-2804
    Early Participation in Regulations Act of 2021


  • Bill from Previous Congress

    S 118-4263
    Early Participation in Regulations Act of 2024


  • Bill from Previous Congress

    S 115-579
    Early Participation in Regulations Act of 2017


  • January 13, 2025
    Introduced in Senate


  • January 13, 2025
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
James Lankford

James Lankford

Republican Senator

Oklahoma

Cosponsors (1)
Shelley Moore Capito (Republican)

Homeland Security and Governmental Affairs Committee

Government Operations and Politics

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresCompetition and antitrustCompetitiveness, trade promotion, trade deficitsEconomic performance and conditionsGovernment information and archivesIndustrial policy and productivityInflation and prices