Regulatory Cooling Off Act of 2025

Bill Number

H.R. 510

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-16: Referred to the House Committee on the Judiciary.

Last Updated

2025-03-03T16:24:26Z

AI-Generated Summary

Purpose of the Legislation

The Regulatory Cooling Off Act of 2025 aims to slow down the process of federal agencies issuing new rules by requiring longer delays and more oversight. This gives Congress, the public, and courts additional time to review and potentially challenge rules before they take effect, promoting greater transparency and accountability in rulemaking.

Key Provisions

• Extended Public Comment Period: Agencies must allow at least 60 days for public comments on proposed rules (up from the previous flexible period).
• Delayed Effective Date: Final rules cannot take effect until at least 6 months after publication in the Federal Register (previously 30 days, unless waived).
• Congressional Submission Requirement: Agencies must send finalized rules to Congress for review by relevant committees at least 6 months before the rule's effective date.
• Federal Register and Website Notices: Agencies must publish a notice in the Federal Register on the exact date a rule takes effect and post proposed or final rules on their website at least 24 hours before Federal Register publication.
• Expanded Judicial Review Options: Lawsuits challenging rules can be filed in the federal district court where the plaintiff lives or where the agency has an office (broadening access to courts).
• Extended Congressional Review: Under the Congressional Review Act (a law allowing Congress to overturn agency rules), rules are subject to review for 6 months (up from 60 days), unless Congress explicitly approves the rule sooner.

Significant Changes to Existing Law

This bill amends the Administrative Procedure Act (APA, the main U.S. law governing how federal agencies create and enforce rules) and the Congressional Review Act:

• Increases the minimum public comment period from an unspecified time to 60 days.
• Extends the standard delay before rules become effective from 30 days to 6 months.
• Requires earlier (6 months in advance) submission of rules to Congress, compared to the prior requirement of submission upon publication.
• Lengthens the Congressional Review Act's "lookback" period for overturning rules from 60 days to 6 months.
• Adds new mandates for online posting and effective-date notices, which were not previously required.
• Expands venue (location) options for court challenges, making it easier for individuals to sue without traveling to specific districts.

Potential Impacts

• On Government Agencies: Rulemaking processes will take longer, potentially delaying responses to urgent issues like public health or environmental crises. Agencies may face increased administrative burdens from earlier congressional notifications and website postings.
• On Citizens and Businesses: Provides more time for public input, legal challenges, and adjustments to new rules, which could benefit small businesses or individuals affected by regulations. However, delays might prolong uncertainty in areas like worker protections or consumer safety.
• On International Relations: Minimal direct impact, though slower U.S. regulatory changes could affect trade or environmental agreements where timely rules are expected.
• Overall, the act could lead to fewer rushed rules but might slow federal responses to emerging problems.

Main Stakeholders Affected

• Federal Agencies: Primary implementers, facing extended timelines and more scrutiny.
• Congress: Gains stronger oversight tools to review and potentially block rules.
• Citizens, Businesses, and Advocacy Groups: Benefit from longer comment periods and easier court access to influence or challenge rules.
• Courts: May see more lawsuits due to expanded filing options, potentially increasing caseloads.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens judicial review under the APA by broadening court venues, which could make challenges more accessible but lead to inconsistent rulings across districts. The 6-month delays might invite more lawsuits over "unreasonable delay" if agencies cannot justify postponements.
• Constitutional Implications: Enhances congressional checks on the executive branch (agencies), aligning with separation of powers principles, but could raise questions about whether fixed delays infringe on agencies' authority to act swiftly under statutes granting them flexibility.
• Political Implications: Shifts power toward Congress in regulatory matters, potentially allowing partisan reviews to stall rules. This could politicize routine agency actions, affecting implementation of policies across administrations, though it promotes bipartisan oversight through committee referrals.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Hageman, Harriet M. [R-WY-At Large]

Recent Actions

• 2025-01-16: Referred to the House Committee on the Judiciary.
• 2025-01-16: Introduced in House
• 2025-01-16: Introduced in House

Bill Versions

• Regulatory Cooling Off Act of 2025 — issued 2025-01-16 — PDF (3 pages)