Ensuring Accountability in Agency Rulemaking Act

Subjects: Government Operations and Politics, Administrative law and regulatory procedures, Federal officials

Summary:  <p><strong>Ensuring Accountability in Agency Rulemaking Act</strong></p> <p>This bill requires, subject to a limited exception, that any agency rule promulgated under notice and comment procedures must be issued and signed by an individual who was appointed by the President and confirmed by the Senate. </p> <p>The Office of Information and Regulatory Affairs must issue guidance for agencies to implement this requirement.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 357 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 357

 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 13, 2023

Mr. Cline (for himself, Mr. Golden of Maine, Mr. Perry, Mrs. Miller of 
    Illinois, Mr. Green of Tennessee, and Mr. Ogles) 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 in the Office of Management and Budget.
            (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).
                                 &lt;all&gt;
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