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Ensuring Accountability in Agency Rulemaking Act
To require the head of an agency to issue and sign any rule issued by that agency, and for other purposes.
Summary
This bill requires federal agencies to ensure that any major rule is issued and signed by a presidential appointee who has been confirmed by the Senate. The bill also requires that any rulemaking process be initiated by a senior presidential appointee. Agencies may only bypass these requirements if the agency head determines that compliance would impede public safety or security, and must then notify the Office of Management and Budget and publish the exemption in the Federal Register. The Office of Information and Regulatory Affairs will monitor agency compliance.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Cline, Ben [R-VA-6] (R-VA)
11 cosponsors
- Rep. Brecheen, Josh [R-OK-2] (R-OK)
- Rep. Crenshaw, Dan [R-TX-2] (R-TX)
- Rep. Ellzey, Jake [R-TX-6] (R-TX)
- Rep. Fitzgerald, Scott [R-WI-5] (R-WI)
- Rep. Gill, Brandon [R-TX-26] (R-TX)
- Rep. Golden, Jared F. [D-ME-2] (D-ME)
- Rep. Green, Mark E. [R-TN-7] (R-TN)
- Rep. Hageman, Harriet M. [R-WY-At Large] (R-WY)
- Rep. Steube, W. Gregory [R-FL-17] (R-FL)
- Rep. Van Drew, Jefferson [R-NJ-2] (R-NJ)
- Rep. Webster, Daniel [R-FL-11] (R-FL)
Actions (2)
- Jan 15, 2025 Referred to the House Committee on the Judiciary. · house
- Jan 15, 2025 Introduced in House
More bills on these subjects (8)
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Similar bills (6)
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Text versions (1)
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Full text
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). <all>
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