Rulemaking Accountability and Reform Act of 2023
The implications of HB5930 are significant, as it seeks to ensure that federal agencies cannot enact regulations without clear justification based on their statutory authority. This change would potentially limit the extent of regulatory power held by agencies and promote greater transparency in the rulemaking process. By making it mandatory for agencies to disclose their legal foundations for rulemaking, the bill could lead to fewer arbitrary or overly broad regulations, thereby protecting businesses and individuals from potentially excessive federal interference.
House Bill 5930, also known as the Rulemaking Accountability and Reform Act of 2023, aims to enhance the accountability of federal agencies by requiring them to clarify the legal authority under which they create rules. Specifically, the bill amends Title 5 of the United States Code by stipulating that agencies must provide a complete citation of each specific legal authority that grants them the power to engage in rulemaking. This is intended to reinforce legislative oversight and ensure that individuals and entities affected by regulations are aware of the legal basis for the rules imposed upon them.
However, the bill has garnered mixed reactions from lawmakers and advocacy groups. Proponents argue that it is a necessary reform to prevent overreach by federal agencies, thereby fostering a more accountable government that respects legislative boundaries. Critics, on the other hand, contend that the bill could hinder effective governance and regulatory enforcement by complicating the rulemaking process. They fear that it may lead to increased litigation, as affected parties might challenge the authority cited by agencies, thereby slowing down the regulatory process and impeding their ability to respond promptly to issues requiring regulation.