H.R. 357 — Reported in House

IB Union Calendar No. 226 118th CONGRESS 1st Session H. R. 357 [Report No. 118–282] IN THE HOUSE OF REPRESENTATIVES January 13, 2023Mr. Cline (for himself, Mr. Golden of Maine, Mr. Perry, Mrs. Miller of Illinois, Mr. Green of Tennessee, and Mr. Ogles) introduced the following bill; which was referred to the Committee on the Judiciary November 29, 2023Additional sponsors: Mr. Brecheen, Mr. Norman, Ms. Mace, Mr. Cloud, Mr. Guest, Mr. Crenshaw, Ms. Hageman, Mr. Biggs, Mrs. Lesko, Mr. Donalds, Mr. Crane, Mr. Fry, Mr. Gooden of Texas, and Mr. Alford November 29, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on January 13, 2023 A BILL To require the head of an agency to issue and sign any rule issued by that agency, and for other purposes. 1. Short title This Act may be cited as the Ensuring Accountability in Agency Rulemaking Act. 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). November 29, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed