US Federal 2025-2026 Regular Session

US Federal Senate Bill SB77

Introduced
1/13/25  

Caption

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.

Impact

If enacted, this bill would substantially modify the current process for rule making by adding an additional step aimed at soliciting public input and feedback. The definition of a 'major rule' under this bill is significant, encompassing rules expected to have an economic impact of $100 million or more. By increasing opportunities for stakeholder interaction early in the regulatory process, SB77 is designed to improve the quality of regulations and ensure that they are better informed by public concerns and perspectives.

Summary

SB77, also known as the Early Participation in Regulations Act of 2025, aims to establish a requirement for federal agencies to publish advance notices of proposed rule making (ANPRM) for major rules before formally introducing them. The bill seeks to enhance transparency and public engagement by requiring agencies to provide an early notice—at least 90 days prior to the publication of a proposed rule—in the Federal Register. This advance notice must include details about the nature of the issues addressed, potential regulatory alternatives, and the legal authority for the proposed rules.

Contention

While the bill is positioned as a means to enhance public participation in the regulatory process, some concerns have been raised regarding its potential impact on the efficiency of rule making. Critics argue that adding an additional requirement for advance notices could delay the implementation of necessary regulations, especially in urgent situations where rapid action is required. Furthermore, the bill provides the Administrator of the Office of Information and Regulatory Affairs with the discretion to exempt certain major rules from this requirement, raising concerns about the transparency of the decision-making process.

Congress_id

119-S-77

Policy_area

Government Operations and Politics

Introduced_date

2025-01-13

Companion Bills

No companion bills found.

Previously Filed As

US SB30

Expediting Reform And Stopping Excess Regulations Act or the ERASER ActThis bill generally requires federal agencies to repeal three rules before issuing a new rule.In the case of a new nonmajor rule, an agency must repeal at least three rules that, to the extent practicable, are related to the new rule.In the case of a new major rule, (1) an agency must repeal at least three rules that are related to the new major rule, and (2) the cost of the new major rule must be less than or equal to the cost of the repealed rules. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy 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, or innovation.These requirements apply to rules issued through the notice and comment process and do not apply to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. Further, the requirements do not apply to a rule or major rule that relates to the management, organization, or personnel of an agency or procurement by the agency.Any rule repealed under this bill must be published in the Federal Register.Finally, the Government Accountability Office must report on the number and estimated cost of rules and major rules currently in effect.  

US SB76

Setting Manageable Analysis Requirements in Text Act of 2025 or the SMART Act of 2025This bill requires agencies, when publishing a proposed or final major rule, to include a framework for assessing whether the rule achieves its regulatory objective. An agency must assess a rule in the time frame included in the framework. The assessment must compare the rule's anticipated and actual benefits and costs.Additionally, the assessment must determine whether (1) the rule has been rendered unnecessary because of changes to the subject area affected by the rule or it overlaps with, duplicates, or conflicts with other rules, or state and local government regulations; (2) the rule should be expanded, streamlined, or otherwise modified to accomplish the rule's objective; and (3) other alternatives or modifications to the rule could better achieve the rule's objective. The bill defines a major rule as a rule likely to cause (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. 

US HB1355

The required abbreviated notice for administrative rulemaking.

US SB595

Relating to the notice of rulemaking proceedings provided to certain persons by state agencies.

US SB56

Require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

US SB2646

Administrative rules; require agencies to send notice of proposed rule adoption to all members of the Legislature.

US A07711

Relates to consideration of the potential impacts of a proposed rule on small businesses and local governments; requires additional efforts to notify interested small businesses or local governments and/or organizations representing their interests of proposed rules.

US HB868

Administrative Procedures Act; amend to require notice of proposed rule to include cost.

US HB481

Provides for the cost of publishing official proceedings and public notices

US S08239

Removes certain provisions regarding public hearing and notice requirements prior to issuing safety and health rules, and notice requirements after issuing safety and health rules.

Similar Bills

No similar bills found.