Bill Summary
The "Ensuring Accountability in Agency Rulemaking Act" is a proposed legislation aimed at enhancing oversight and accountability in the rulemaking process of federal agencies. The key provisions of this act require that any rules established under section 553 of title 5 of the United States Code must be signed and issued by a Senate-confirmed appointee of the President. Additionally, only senior appointees can initiate rulemaking processes, ensuring that rules are not generated without appropriate high-level oversight.
There are exceptions to these requirements if the head of an agency determines that adhering to them would threaten public safety or security, provided they submit a notification detailing the reasons for the exemption and publish this notification in the Federal Register.
The act also mandates that the head of each agency ensure compliance with these rules, while the Administrator of the Office of Information and Regulatory Affairs (OIRA) is tasked with providing guidance and monitoring adherence to the legislation. Overall, the act seeks to bolster accountability in the regulatory process by ensuring that only high-ranking officials are responsible for rulemaking, thereby enhancing transparency and safety in federal regulations.
Possible Impacts
The "Ensuring Accountability in Agency Rulemaking Act" could have several impacts on individuals and organizations. Here are three examples:
1. **Increased Accountability and Transparency**: By requiring that rules issued by federal agencies must be signed by a Senate-confirmed appointee, the legislation increases accountability within government agencies. Individuals and advocacy groups may benefit from this increased transparency, as they would have a clearer understanding of who is responsible for regulations affecting them. This could lead to more informed public participation in the rulemaking process, as citizens can more easily identify and engage with the individuals responsible for specific regulations.
2. **Potential Delays in Rulemaking**: The requirement for a senior appointee to initiate and sign rules may slow down the regulatory process. This could lead to delays in the implementation of crucial regulations that protect public health, safety, or the environment. For example, if urgent regulations are needed in response to a public health crisis, the additional bureaucratic steps could hinder timely responses, potentially putting individuals at risk.
3. **Impact on Public Safety Exemptions**: The legislation includes provisions that allow for exceptions to the signing requirement if compliance would impede public safety or security. While this could enable quicker action in emergencies, it may also raise concerns about the potential for misuse. Individuals and communities might fear that agencies could invoke these exceptions too liberally, leading to the issuance of rules without the usual checks and balances. This could result in regulations that are not adequately vetted, potentially harming public interest or safety.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 418 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 418
To require the head of an agency to issue and sign any rule issued by
that agency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2025
Mr. Cline (for himself, Mr. Golden of Maine, Ms. Hageman, Mr. Ellzey,
Mr. Crenshaw, Mr. Brecheen, Mr. Fitzgerald, and Mr. Green of Tennessee)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To require the head of an agency to issue and sign any rule issued by
that agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Accountability in Agency
Rulemaking Act''.
SEC. 2. RULEMAKING REQUIREMENTS.
(a) Approval Required.--
(1) Rules promulgated by senate confirmed appointee.--
Except as provided in paragraph (3), any rule promulgated under
section 553 of title 5, United States Code, shall be issued and
signed by an individual appointed by the President, by and with
the advice and consent of the Senate.
(2) Initiation of rulemaking and regulatory agenda.--Except
as provided in paragraph (3), any rule initiated under section
553 of title 5, United States Code, shall be initiated by a
senior appointee.
(3) Exception.--Paragraph (1) or (2) does not apply if the
head of an agency--
(A) determines, on a nondelegable basis, that
compliance with the relevant paragraph would impede
public safety or security;
(B) submits to the Administrator a notification
disclosing the reasons for the exemption; and
(C) publishes such notification, consistent with
public safety, security, and privacy interests, in the
Federal Register.
(b) Oversight.--
(1) Agency compliance.--The head of each agency shall
ensure that the issuance of any agency rule promulgated under
section 553 of title 5, United States Code, adheres to the
requirements of this section.
(2) OIRA guidance and compliance.--The Administrator shall
provide guidance on the implementation of and shall monitor
agency compliance with this section.
(c) Rules of Construction.--This section may not be construed to
impair or otherwise affect the functions of the Director of the Office
of Management and Budget relating to budgetary, administrative, or
legislative proposals.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB).
(2) Agency.--The term ``agency'' has the meaning given that
term under section 551 of title 5, United States Code.
(3) Rule.--The term ``rule'' has the meaning given that
term in section 551 of title 5, United States Code, and does
not include any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.
(4) Senior appointee.--The term ``senior appointee'' means
an individual appointed by the President, or performing the
functions and duties of an office that requires appointment by
the President, or a non-career member of the Senior Executive
Service (or equivalent agency system).
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