Early Participation in Regulations Act of 2025
Early Participation in Regulations Act of 2025
Plain Language Summary
# Early Participation in Regulations Act of 2025 - Summary **What the bill would do:** This bill would require federal agencies to give the public an early heads-up before creating major new regulations. Specifically, agencies would need to publish an "advance notice" at least 90 days before officially proposing any "major rule"—one that could cost the economy $100 million or more annually or significantly affect prices, jobs, competition, or innovation. The advance notice would describe what problem the rule addresses, what alternatives are being considered, and what legal authority supports it.
The public would then have at least 30 days to submit comments and feedback before the formal rule proposal process begins. **Who it affects:** This impacts businesses (especially those in regulated industries), consumers, government agencies, environmental groups, labor organizations, and other stakeholders who care about how regulations are developed. The bill essentially adds an extra public comment period to give more people a chance to weigh in on major rules before they're officially proposed. **Current status:** The bill (S 77) was introduced by Senator James Lankford (R-OK) in the 119th Congress and is currently in committee, meaning it hasn't been voted on by the full Senate yet.
CRS Official Summary
Early Participation in Regulations Act of 2025This 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 mustinclude a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; andsolicit 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.
Latest Action
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.