I 
117TH CONGRESS 
1ST SESSION H. R. 4434 
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 
JULY 16, 2021 
Mr. CLINE (for himself and Mr. GOLDEN) 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Account-
ability in Agency Rulemaking Act’’. 
SEC. 2. RULE MAKING REQUIREMENTS. 
(a) APPROVAL REQUIRED.— 
(1) RULES
PROMULGATED
BY
SENATE
CON-
FIRMED APPOINTEE.—Except as provided in para-
graph (3), any rule promulgated under section 553 
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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 RULE MAKING AND REGU-
LATORY 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 notifi-
cation disclosing the reasons for the exemption; 
and 
(C) publishes such notification, consistent 
with public safety, security, and privacy inter-
ests, 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. 
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(2) OIRA GUIDANCE AND COMPLIANCE.—The 
Administrator shall provide guidance on the imple-
mentation 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 func-
tions 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 ‘‘Adminis-
trator’’ means the Administrator of the Office of In-
formation 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 ap-
pointee’’ means an individual appointed by the 
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