S.77 - Early Participation in Regulations Act of 2025 (119th Congress)
Summary
The Early Participation in Regulations Act of 2025 (S.77) aims to increase transparency and public input in the federal rulemaking process. It mandates that agencies publish an advance notice of proposed rulemaking (ANPRM) for major rules at least 90 days before the formal notice of proposed rulemaking (NPRM). This ANPRM would include the nature of the problem, regulatory alternatives, and legal authority, and would solicit public comment.
The bill defines a 'major rule' as one likely to have a significant economic impact (>$100 million annually) or substantial effects on various sectors. The Administrator of the Office of Information and Regulatory Affairs (OIRA) can waive the ANPRM requirement under certain conditions, such as when it's not in the public interest or conflicts with deadlines.
Judicial review of OIRA's waiver decisions is limited, and differences between the ANPRM and NPRM are not subject to review under the Administrative Procedure Act's arbitrary and capricious standard.
Expected Effects
The primary effect of this bill would be to provide the public with earlier opportunities to influence the development of major federal regulations. This could lead to more informed and potentially less burdensome regulations. However, it could also slow down the rulemaking process and increase the workload for agencies.
Businesses and individuals would have more time to prepare for and comment on proposed rules. Agencies may need to allocate additional resources to manage the increased public input and potentially address concerns raised during the ANPRM phase.
Potential Benefits
- Increased transparency in the regulatory process, allowing the public to understand the rationale behind proposed rules earlier.
- Enhanced public participation, potentially leading to more effective and less burdensome regulations.
- Opportunity for agencies to identify and address potential issues with proposed rules before they are formally published.
- More informed decision-making by agencies due to a broader range of input and perspectives.
- Could reduce the likelihood of legal challenges to regulations by addressing concerns proactively.
Most Benefited Areas:
Potential Disadvantages
- Potential delays in the rulemaking process due to the additional ANPRM requirement.
- Increased administrative burden on agencies, requiring them to prepare and manage ANPRMs.
- Possible manipulation of the ANPRM process by special interest groups to delay or weaken regulations.
- The exceptions granted to OIRA could be used to circumvent the ANPRM requirement, undermining the bill's intent.
- Limited judicial review of OIRA decisions could reduce accountability.
Constitutional Alignment
The bill appears to align with the spirit of the Constitution by promoting transparency and public participation in government decision-making. While the Constitution doesn't explicitly address regulatory procedures, the concept of informed consent and government accountability are consistent with its principles.
Article I, Section 1 vests legislative powers in Congress, and this bill seeks to improve the implementation of laws passed by Congress. The bill does not appear to infringe on any specific constitutional rights or limitations.
However, some might argue that the delegation of authority to OIRA to waive the ANPRM requirement could raise concerns about the separation of powers, depending on how broadly that authority is interpreted and applied.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).