Safeguarding US Rulemaking Act

Summary

Prohibits participation in federal notice-and-comment rulemaking and petitions by any foreign government the Secretary of Commerce designates as a “foreign adversary,” as well as nationals of and entities incorporated in such governments. It amends the rulemaking provision of the Administrative Procedure Act to add this eligibility restriction while preserving existing exceptions in the statute. The change ties the restriction to the Commerce Department’s existing foreign-adversary determinations (per 15 C.F.R. § 791.4(a)). Federal agencies would have to exclude comments and petitions from designated foreign adversaries, their nationals, and their entities from rulemaking records and decisions.

• Bars participation in federal notice-and-comment rulemaking and agency petitions by foreign governments Commerce designates as “foreign adversaries.”
• Also bars nationals of and entities incorporated in those designated foreign governments from submitting comments or petitions.
• Relies on Commerce Department determinations under 15 C.F.R. § 791.4(a) to identify covered foreign adversaries.
• Preserves existing statutory exceptions through added cross-references, so some limited participation exceptions remain.
• Requires agencies to identify and exclude ineligible foreign governments, nationals, and entities from rulemaking records.
• Does not change substantive rulemaking standards or create new spending programs.
• May raise implementation challenges around identity verification, subsidiaries, and dual nationals.
• Could reduce outside input tied to designated foreign adversaries and shift the mix of perspectives in rulemaking.