Ensuring Accountability in Agency Rulemaking Act
- Sponsor
- Rep. Cline, Ben [R-VA-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 15, 2025
Bottom line
The bill aims to increase accountability in federal rulemaking by requiring higher-level, politically appointed officials to personally approve and initiate significant agency regulations.
What it actually does
This bill mandates that any significant rule promulgated by a federal agency under the Administrative Procedure Act (APA) must be issued and signed by an individual appointed by the President and confirmed by the Senate. It also requires the initiation of such rules to be by a senior appointee, defined as a Presidential appointee or a non-career member of the Senior Executive Service. An exception allows the head of an agency to bypass this requirement in cases of public safety or security, provided they notify and publish the reasons.
Proponents argue
Proponents argue that this bill enhances accountability and transparency in the federal regulatory process by ensuring that politically appointed officials, rather than unelected career staff, take direct responsibility for significant rules. They contend it will reduce the volume of regulations, improve the quality of rules, and ensure that agency actions align more closely with the policy priorities of the elected administration, thereby making agencies more responsive to the public through their elected representatives.
Opponents contend
Opponents might argue that this bill could significantly slow down the rulemaking process, potentially hindering agencies' ability to respond quickly to emerging issues or implement critical programs. They may also contend that it could overburden Senate-confirmed appointees, who already have extensive responsibilities, and undermine the expertise and institutional knowledge of career civil servants who often draft and develop complex regulations. Critics might also suggest it could politicize technical rulemaking, making it more susceptible to political pressures rather than evidence-based decision-making.
The bill is very short and clearly written, making it highly accessible for any reader to understand its core provisions within minutes.
Section 2(a)(1)
Rules Promulgated by Senate-Confirmed Appointee
This provision requires that any rule issued by a federal agency under the Administrative Procedure Act (APA), which governs how agencies develop and issue regulations, must be personally issued and signed by an individual who has been appointed by the President and confirmed by the Senate. This elevates the level of approval required for significant agency rules.
Supporters argue
Proponents argue this ensures greater accountability, as a politically appointed and Senate-confirmed official is directly responsible for the rule, aligning agency actions with the administration's policy goals and public will.
Critics contend
Opponents might contend this could create bottlenecks in the rulemaking process, as Senate-confirmed officials have many duties, potentially delaying crucial regulatory actions and overburdening high-level staff.
Tradeoffs
This provision balances the desire for increased political accountability in rulemaking against potential delays and increased workload for high-level appointees.
Section 2(a)(2)
Initiation of Rulemaking by Senior Appointee
This section mandates that the process of initiating any rule under the APA must be started by a 'senior appointee.' A senior appointee is defined as someone appointed by the President, or performing the duties of such an office, or a non-career member of the Senior Executive Service. This ensures that the decision to begin a rulemaking process also originates from a politically accountable position.
Section 2(a)(3)
Public Safety or Security Exception
This provision creates an exception to the requirements for high-level approval and initiation. If the head of an agency determines, on a nondelegable basis, that complying with these requirements would impede public safety or security, they can bypass them. However, the agency head must submit a notification to the Administrator of OIRA explaining the reasons for the exemption and publish this notification in the Federal Register, consistent with public safety, security, and privacy interests.
Section 2(b)
Oversight by Agencies and OIRA
This section outlines oversight responsibilities. The head of each agency is required to ensure that all rules promulgated adhere to the new requirements. Additionally, the Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) is tasked with providing guidance on the implementation of these new rules and monitoring agency compliance. This establishes a clear framework for ensuring the bill's provisions are followed.
The definition of 'rule' explicitly excludes 'any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.'
Section 2(d)(3)
Why it matters:This is standard legislative practice to clarify the scope of a bill, ensuring it doesn't inadvertently apply to internal agency operations that have no public impact.
Case for: This exclusion prevents the bill from imposing unnecessary burdens on agencies for purely internal administrative adjustments, allowing them to manage their operations efficiently without high-level political sign-off.
Case against: No significant case against this specific exclusion, as it is a common and practical carve-out in administrative law.
Estimated impact: Significantly narrows the scope of rules requiring Senate-confirmed approval, focusing the bill on substantive regulations affecting the public.