119-s77

[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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