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A bill to require agencies to publish an advance notice of proposed rulemaking for major rules.
1/14/2025, 7:03 PM
Summary of Bill S 77
Under the proposed legislation, agencies would be required to provide a detailed explanation of the need for the rule, potential alternatives, and the anticipated impact of the rule on the public. This advance notice would give stakeholders, including businesses, advocacy groups, and the general public, the opportunity to weigh in on the proposed rule and provide valuable insights that could help shape the final rule.
Proponents of the bill argue that requiring agencies to publish an advance notice of proposed rulemaking for major rules would increase transparency, accountability, and public trust in the rulemaking process. By giving stakeholders an opportunity to provide feedback early in the process, the final rule would be more informed and reflective of the needs and concerns of the public. Critics of the bill, however, argue that it could potentially slow down the rulemaking process and create unnecessary burdens for agencies. They also raise concerns about the potential for special interest groups to manipulate the advance notice period to delay or derail the rulemaking process. Overall, Bill 119 s 77 seeks to strike a balance between increasing transparency and public participation in the rulemaking process while also ensuring that agencies can efficiently and effectively carry out their regulatory responsibilities. The bill is currently under consideration in Congress, and its fate will ultimately depend on the outcome of legislative debates and negotiations.
Congressional Summary of S 77
Early Participation in Regulations Act of 2025
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 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 must
- include a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; and
- solicit 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.
