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119-s-77119th Congress

Early Participation in Regulations Act of 2025

Sponsored By: Senator Lankford, James [R-OK]

Introduced

Summary

Creates early public participation for major federal rules. The bill would push agencies to share the problem, possible alternatives, and the legal basis before publishing a formal proposal.

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  • Agencies would have to publish an Advance Notice of Proposed Rulemaking at least 90 days before a proposed "major rule." The notice must identify the problem, outline alternatives, and cite legal authority.
  • Businesses, states, and members of the public would get at least 30 days to submit written data, views, and arguments before a formal proposal is published.
  • The Office of Information and Regulatory Affairs would decide which rules count as "major" and could exempt some rules when early notice would not serve the public interest.
  • Courts could not use differences between the advance notice and the later proposed rule as a basis for review, and some exemption decisions are not subject to judicial review.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Advance notice for major federal rules

If enacted, this bill would require an Advance Notice of Proposed Rulemaking (ANPRM) at least 90 days before an agency publishes a proposed rule for any "major rule." A "major rule" would include rules OIRA says will have $100,000,000 or more in annual economic effect or other major impacts on prices, competition, jobs, health, safety, the environment, or U.S. competitiveness. Each ANPRM would describe the problem and data, list alternatives and legal authority, and ask for written data and views for at least 30 days. The OIRA Administrator could exempt some rules when an ANPRM is unnecessary, impracticable, or duplicative. The bill would bar judicial review of those exemption decisions and bar court review of differences between ANPRM statements and later proposed rules.

Sponsors & CoSponsors

Sponsor

Lankford, James [R-OK]

OK • R

Cosponsors

  • Sen. Capito, Shelley Moore [R-WV]

    WV • R

    Sponsored 1/13/2025

Roll Call Votes

No roll call votes available for this bill.

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