HR 418119th CongressIn Committee

Ensuring Accountability in Agency Rulemaking Act

Introduced: Jan 15, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Ensuring Accountability in Agency Rulemaking Act requires that all federal agency rules be issued and signed by Senate-confirmed appointees (officials approved by the President and Senate). Currently, many rules are drafted and finalized by career civil servants or lower-level officials. This bill aims to increase political accountability by ensuring that high-level, presidentially-appointed officials personally sign off on regulatory decisions. The bill includes a narrow exception for situations where compliance would impede public safety or security, requiring agency heads to notify the Office of Management and Budget and publish their reasoning in the Federal Register.

Key Points

1Senate-Confirmed Signature Requirement: All rules issued under the Administrative Procedure Act must be signed by a Senate-confirmed presidential appointee, not career staff or lower-level officials
2Rulemaking Initiation: The initiation of any rulemaking process must be done by a "senior appointee" (presidential appointees, Senior Executive Service members, or those performing presidential-level functions)
3Public Safety Exception: Agency heads can bypass these requirements if they determine compliance would impede public safety or security, but must notify the Office of Management and Budget and publish their reasoning in the Federal Register
4OMB Oversight: The Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget must provide guidance and monitor agency compliance with these requirements
5Limited Scope: The requirements apply only to substantive rules that affect the rights or obligations of the public, not internal agency procedures or organizational rules

Impact Areas

Federal Agencies: All executive branch agencies would need to restructure their rulemaking processes to ensure Senate-confirmed officials personally review and sign all significant rulesCareer Civil Servants: Career government employees would have reduced authority in the rulemaking process, with final decision-making authority shifted to political appointeesRegulatory Process: The rulemaking process could be slowed or delayed if it requires additional sign-off from high-level officials who may have competing prioritiesPresidential Administration: Each new presidential administration would have greater direct control over regulatory decisions, potentially leading to more dramatic policy shifts between administrations

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