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
To require the head of an agency to issue and sign any rule issued by that agency, and for other purposes.
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).