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Requires federal agencies to publish an advance notice in the Federal Register before they propose any "major rule." The advance notice must describe the problem the rule would address, list possible regulatory options and the legal authority for action, solicit written input, and allow at least 30 days for public comment. A "major rule" is defined to include rules with an annual economic effect of $100,000,000 (and certain other effects). The Office of Information and Regulatory Affairs (OIRA) may exempt specified major rules from this advance-notice requirement, and those exemption decisions are made immune from judicial review.
Make small edits to section 551 by striking the end punctuation in paragraphs (13) and (14) and adding new paragraphs (15) and (16).
Define "major rule" to mean any rule the OIRA Administrator 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, industries, government agencies, or regions; or (C) significant effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or U.S. firms' ability to compete.
Define "Office of Information and Regulatory Affairs" as the office established under 44 U.S.C. 3503 and any successor.
Require agencies to publish an advance notice of proposed rule making in the Federal Register for any major rule not later than 90 days before the agency publishes the notice of proposed rule making.
Require the advance notice to include a written statement identifying, at minimum, the nature and significance of the problem the agency may address with the major rule, including any data or categories of data the agency has identified as relevant or intends to consult.
Who is affected and how:
Federal agencies: Must add a formal pre-proposal step for major rules, prepare fuller pre-proposal documentation (problem statement, options, legal basis), and allow at least 30 days for public written input. This increases administrative workload and may extend the time before a formal proposed rule is published.
Office of Information and Regulatory Affairs (OIRA): Gains explicit discretionary authority to exempt particular major rules from the advance-notice requirement, and its exemption decisions are protected from judicial review. That increases OIRA's gatekeeping power over which major rules face the extra advance-notice step.
Regulated entities and stakeholders (businesses, industry groups, public-interest organizations): Receive earlier formal notice of agency thinking on high-impact rules, with a guaranteed (minimum) 30-day window to provide written input before a proposed rule is published. That can improve opportunity for engagement, potentially influence agency design earlier, and can reduce surprises—but may also prolong uncertainty.
Courts and judicial review: The provision removes judicial review for OIRA exemption decisions, narrowing courts' oversight capacity over that aspect of the administrative process. This raises separation-of-powers and administrative-law concerns for observers who rely on judicial review as a check on agency discretion.
Public and consumers: May benefit from earlier transparency for major regulatory changes, but could experience delays in the implementation of rules intended to protect public health, safety, or consumer interests if agencies take longer to move from advance notice to proposed and final rules.
Overall trade-offs:
Net effect depends on how often OIRA uses exemptions, how agencies incorporate advance comments, and whether the additional step materially changes final regulatory outcomes or primarily affects timelines and administrative burdens.
Modifies 5 U.S.C. 551 by altering punctuation in existing paragraphs (13) and (14) and adding new definitions: a definition of "major rule" specifying criteria including an annual economic effect threshold, and a definition identifying the Office of Information and Regulatory Affairs (referencing 44 U.S.C. 3503).
Adds a new subsection (f) to 5 U.S.C. 553 establishing advance notice of proposed rule making (ANPRM) requirements for "major rules," including timing (ANPRM at least 90 days before an NPRM), minimum content requirements, a minimum 30-day comment period, specified exceptions, and limits on judicial review.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced January 13, 2025 by James Lankford · Last progress January 13, 2025
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate