Safeguarding US Rulemaking Act

Summary

Amends the Administrative Procedure Act to prevent certain foreign actors from taking part in federal informal rulemaking and from filing petitions for rulemaking. It excludes any foreign government the Commerce Department has labeled a “foreign adversary,” and nationals or entities tied to such governments, from submitting comments or petitions. A separate provision only sets a short title for the law and does not change rights, duties, or funding.

• Amends the Administrative Procedure Act to bar certain foreign actors from filing comments or petitions in informal rulemaking.
• Excludes foreign governments designated as “foreign adversaries” by the Commerce Department, plus their nationals and incorporated entities.
• Relies on the Commerce Department’s existing regulatory definition and determinations to identify covered foreign adversaries.
• Applies to notice-and-comment rulemaking records and petitions for rulemaking, removing or disqualifying submissions from covered actors.
• One section only establishes a short title and does not change funding or create substantive rights.
• Creates an administrative dependence on Commerce determinations but does not add funding or new agency procedures.
• Could reduce input from foreign-linked entities even when they have technical expertise relevant to U.S. rulemaking.
• May raise legal questions about verification, due process for excluded parties, and impacts on transparency of the rulemaking record.