What This Bill Does
This bill requires that the person in charge of a federal agency must personally issue and sign any new rule created by that agency. A rule is a regulation that sets out requirements or procedures for the government. The bill creates one exception: agency heads can skip this requirement if they decide it would threaten public safety or security, but they must report this decision.
Who It Affects
Federal agencies and their leadership. The bill also affects the Office of Information and Regulatory Affairs (OIRA), a part of the Office of Management and Budget that oversees regulations.
Key Provisions
- Rules created by federal agencies must be issued and signed by a person appointed by the President with Senate approval (Sec. 2(a)(1))
- New rules must be started by a senior appointee, which includes people appointed by the President or holding positions that require presidential appointment (Sec. 2(a)(2))
- Agency heads can skip these requirements only if they personally decide it would harm public safety or security, but they must notify the OIRA administrator in writing and publish that notice in the Federal Register (Sec. 2(a)(3))
- Each agency head must ensure all new rules follow these requirements (Sec. 2(b)(1))
- The OIRA administrator will provide guidance and monitor whether agencies follow these rules (Sec. 2(b)(2))
What Changes
Agencies can no longer have lower-level staff create and sign new rules without approval from the agency head. Rules created without this approval may not comply with this law.
Important Definitions
- Rule: A regulation issued by an agency that affects people or businesses outside the agency, but does not include rules about how the agency itself operates
- Senior appointee: Someone hired by the President, someone doing a job that requires presidential hiring, or a non-career member of the Senior Executive Service (a group of top government workers)
- Administrator: The head of the Office of Information and Regulatory Affairs
Effective Date
Not specified in bill text
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Ensuring Account-
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ability in Agency Rulemaking Act’’.
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SEC. 2. RULEMAKING REQUIREMENTS.
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(a) APPROVAL REQUIRED.—
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(1) RULES
PROMULGATED
BY
SENATE
CON-
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FIRMED APPOINTEE.—Except as provided in para-
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graph (3), any rule promulgated under section 553
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of title 5, United States Code, shall be issued and
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signed by an individual appointed by the President,
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by and with the advice and consent of the Senate.
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(2) INITIATION
OF
RULEMAKING
AND
REGU-
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LATORY AGENDA.—Except as provided in paragraph
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(3), any rule initiated under section 553 of title 5,
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United States Code, shall be initiated by a senior
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appointee.
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(3) EXCEPTION.—Paragraph (1) or (2) does
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not apply if the head of an agency—
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(A) determines, on a nondelegable basis,
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that compliance with the relevant paragraph
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would impede public safety or security;
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(B) submits to the Administrator a notifi-
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cation disclosing the reasons for the exemption;
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and
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HR 357 RFS
(C) publishes such notification, consistent
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with public safety, security, and privacy inter-
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ests, in the Federal Register.
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(b) OVERSIGHT.—
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(1) AGENCY COMPLIANCE.—The head of each
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agency shall ensure that the issuance of any agency
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rule promulgated under section 553 of title 5,
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United States Code, adheres to the requirements of
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this section.
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(2) OIRA GUIDANCE AND COMPLIANCE.—The
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Administrator shall provide guidance on the imple-
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mentation of and shall monitor agency compliance
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with this section.
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(c) RULES OF CONSTRUCTION.—This section may
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not be construed to impair or otherwise affect the func-
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tions of the Director of the Office of Management and
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Budget relating to budgetary, administrative, or legislative
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proposals.
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(d) DEFINITIONS.—In this section:
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
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trator’’ means the Administrator of the Office of In-
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formation and Regulatory Affairs (OIRA) in the Of-
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fice of Management and Budget (OMB).
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(2) AGENCY.—The term ‘‘agency’’ has the
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meaning given that term under section 551 of title
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5, United States Code.
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(3) RULE.—The term ‘‘rule’’ has the meaning
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given that term in section 551 of title 5, United
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States Code, and does not include any rule of agency
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organization, procedure, or practice that does not
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substantially affect the rights or obligations of non-
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agency parties.
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(4) SENIOR APPOINTEE.—The term ‘‘senior ap-
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pointee’’ means an individual appointed by the
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President, or performing the functions and duties of
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an office that requires appointment by the Presi-
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dent, or a non-career member of the Senior Execu-
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tive Service (or equivalent agency system).
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Passed the House of Representatives December 12,
2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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