IIB 
118TH CONGRESS 
1ST SESSION 
H. R. 357 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 13, 2023 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Account-
ability in Agency Rulemaking Act’’. 
SEC. 2. RULEMAKING 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 
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
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 
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(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. 
(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 (OIRA) in the Of-
fice of Management and Budget (OMB). 
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(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 
President, or performing the functions and duties of 
an office that requires appointment by the Presi-
dent, or a non-career member of the Senior Execu-
tive Service (or equivalent agency system). 
Passed the House of Representatives December 12, 
2023. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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