S. 77 (119th)Bill Overview

Early Participation in Regulations Act of 2025

Government Operations and Politics|Administrative law and regulatory proceduresCompetition and antitrust
Cosponsors
Support
Republican
Introduced
Jan 13, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill requires agencies to publish an advance notice of proposed rulemaking (ANPRM) in the Federal Register at least 90 days before a notice of proposed rulemaking for any OIRA‑determined “major rule.” The ANPRM must describe the problem, relevant data, regulatory alternatives, and legal authority, and solicit at least 30 days of written comment. The Office of Information and Regulatory Affairs (OIRA) defines “major rule” (including rules with estimated annual economic effects of $100,000,000 or more) and may exempt categories or specific rules; certain OIRA determinations are not subject to judicial review.

Why people may split

Progressives emphasize delay and industry capture risks.

Watch point

Relative to its intended legislative type, this bill is a well-specified administrative/operational amendment to federal rulemaking procedures.

The bill requires agencies to publish an advance notice of proposed rulemaking (ANPRM) in the Federal Register at least 90 days before a notice of proposed rulemaking for any OIRA‑determined “major rule.” The ANPRM must describe the problem, relevant data, regulatory alternatives, and legal authority, and solicit at least 30 days of written comment.

The Office of Information and Regulatory Affairs (OIRA) defines “major rule” (including rules with estimated annual economic effects of $100,000,000 or more) and may exempt categories or specific rules; certain OIRA determinations are not subject to judicial review.

The bill also prevents differences between the ANPRM statement and the later NPRM from being challenged as arbitrary and capricious under section 706(2)(A).

Passage40/100

Modest chance: non‑fiscal, procedural reform may attract supporters, but centralizing OIRA power and judicial limits invite opposition.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a well-specified administrative/operational amendment to federal rulemaking procedures. It provides precise definitional and procedural mechanics and integrates directly into the Administrative Procedure Act. It assigns roles and timings and anticipates several exception scenarios.

Contention58/100

Progressives emphasize delay and industry capture risks.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedFederal agencies

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitAnnounces major regulatory intentions sooner, increasing public awareness and allowing earlier stakeholder engagement.
  • Potential benefitRequires agencies to identify data and alternatives early, encouraging more evidence-based rule development.
  • Potential benefitMay reduce compliance shocks by giving businesses and governments more lead time to plan for major rules.
Likely burdened
  • Potential burdenCreates an additional procedural step likely to delay issuance of major rules and extend regulatory timelines.
  • Federal agenciesIncreases agency drafting, analysis, and administrative costs for preparing advance notices and managing responses.
  • Potential burdenGrants OIRA broad discretion through non-reviewable exemptions, concentrating decisionmaking in a central office.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize delay and industry capture risks.
Progressive35%

Likely skeptical.

While supporting public participation and transparency, this persona would worry the requirement creates delays, opens early-stage rulemaking to industry influence, and limits judicial review of agency departures.

Concerns focus on potential weakening of health, safety, environmental, and civil-rights protections through procedural hurdles.

Likely resistant
Centrist55%

Cautiously supportive of increased transparency and earlier stakeholder input, but concerned about added timeline, administrative costs, and OIRA’s nonreviewable discretion.

Would prefer tighter definitions, limited exemptions, and procedural guardrails to balance efficiency and accountability.

Split reaction
Conservative85%

Generally favorable.

This persona sees the bill as a pro‑business, pro‑transparency reform that prevents sudden costly rules and brings regulated parties into the process earlier.

The OIRA role and exemption authority are viewed as useful controls on agency overreach.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

Modest chance: non‑fiscal, procedural reform may attract supporters, but centralizing OIRA power and judicial limits invite opposition.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • Level of stakeholder (industry, labor, advocacy) support or opposition
  • How committees prioritize administrative procedure bills
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize delay and industry capture risks.

Modest chance: non‑fiscal, procedural reform may attract supporters, but centralizing OIRA power and judicial limits invite opposition.

Unlocked analysis

Relative to its intended legislative type, this bill is a well-specified administrative/operational amendment to federal rulemaking procedures. It provides precise definitional and procedural mechanics and integrates di…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis