S. 77 — Early Participation in Regulations Act of 2025

This section amends the Administrative Procedure Act (APA) to (1) define in 5 U.S.C. §551 a "major rule" as any rule that the Administrator of the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose an annual effect on the economy of $100 million or more, a major increase in costs or prices for consumers or governments, or significant effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or U.S. enterprise competitiveness; and define OIRA as the office established under 44 U.S.C. §3503 and any successor; and (2) require in §553(f), with exceptions, agencies to publish an advance notice of proposed rulemaking (ANPRM) in the Federal Register at least 90 days before a notice of proposed rulemaking (NPRM) for a major rule. The ANPRM must identify the problem to be addressed (including relevant data), regulatory alternatives under consideration, and legal authority; solicit public data, views, and arguments; and provide at least 30 days for submissions. Exceptions apply if no NPRM is required, OIRA determines compliance is not in the public interest, duplicative, impracticable due to deadlines, or for routine/periodic rules; OIRA determinations under these exceptions and differences between the ANPRM and NPRM are not judicially reviewable. (As background, the APA generally requires agencies to publish an NPRM and allow public comment before final rules; this adds a preliminary ANPRM step for major rules to enhance early public input. Thus, the process for major rules typically extends at least 120 days from ANPRM to NPRM publication.)