Us Congress 2023-2024 Regular Session

Us Congress House Bill HB357 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	IB
	2	+	Union Calendar No. 226
1	3		118THCONGRESS
2	4		1
3	5		STSESSION H. R. 357
4		-	AN ACT
	6	+	[Report No. 118–282]
	7	+	To require the head of an agency to issue and sign any rule issued by
	8	+	that agency, and for other purposes.
	9	+	IN THE HOUSE OF REPRESENTATIVES
	10	+	JANUARY13, 2023
	11	+	Mr. C
	12	+	LINE(for himself, Mr. GOLDENof Maine, Mr. PERRY, Mrs. MILLERof
	13	+	Illinois, Mr. G
	14	+	REENof Tennessee, and Mr. OGLES) introduced the fol-
	15	+	lowing bill; which was referred to the Committee on the Judiciary
	16	+	N
	17	+	OVEMBER29, 2023
	18	+	Additional sponsors: Mr. B
	19	+	RECHEEN, Mr. NORMAN, Ms. MACE, Mr. CLOUD,
	20	+	Mr. G
	21	+	UEST, Mr. CRENSHAW, Ms. HAGEMAN, Mr. BIGGS, Mrs. LESKO,
	22	+	Mr. D
	23	+	ONALDS, Mr. CRANE, Mr. FRY, Mr. GOODENof Texas, and Mr.
	24	+	A
	25	+	LFORD
	26	+	N
	27	+	OVEMBER29, 2023
	28	+	Reported with an amendment, committed to the Committee of the Whole
	29	+	House on the State of the Union, and ordered to be printed
	30	+	[Strike out all after the enacting clause and insert the part printed in italic]
	31	+	[For text of introduced bill, see copy of bill as introduced on January 13, 2023]
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	34	+	•HR 357 RH
	35	+	A BILL
5	36		To require the head of an agency to issue and sign any
6	37		rule issued by that agency, and for other purposes.
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	40	+	•HR 357 RH
7	41		Be it enacted by the Senate and House of Representa-1
8		-	tives of the United States of America in Congress assembled, 2 2
9		-	•HR 357 EH
10		-	SECTION 1. SHORT TITLE. 1
11		-	This Act may be cited as the ‘‘Ensuring Account-2
12		-	ability in Agency Rulemaking Act’’. 3
13		-	SEC. 2. RULEMAKING REQUIREMENTS. 4
	42	+	tives of the United States of America in Congress assembled, 2
	43	+	SECTION 1. SHORT TITLE. 3
	44	+	This Act may be cited as the ‘‘Ensuring Accountability 4
	45	+	in Agency Rulemaking Act’’. 5
	46	+	SEC. 2. RULEMAKING REQUIREMENTS. 6
14	47		(a) A
15		-	PPROVALREQUIRED.— 5
	48	+	PPROVALREQUIRED.— 7
16	49		(1) R
17		-	ULES PROMULGATED BY SENATE CON -6
18		-	FIRMED APPOINTEE .—Except as provided in para-7
19		-	graph (3), any rule promulgated under section 553 8
20		-	of title 5, United States Code, shall be issued and 9
21		-	~~signed~~ by an individual appointed by the President, 10
22		-	~~by and~~ with the advice and consent of the Senate. 11
	50	+	ULES PROMULGATED BY SENATE CON -8
	51	+	FIRMED APPOINTEE.—Except as provided in para-9
	52	+	graph (3), any rule promulgated under section 553 of 10
	53	+	title 5, United States Code, shall be issued and signed 11
	54	+	by an individual appointed by the President, by and 12
	55	+	with the advice and consent of the Senate. 13
23	56		(2) I
24		-	NITIATION OF RULEMAKING AND REGU -12
25		-	LATORY AGENDA.—Except as provided in paragraph 13
26		-	(3), any rule initiated under section 553 of title 5, 14
27		-	United States Code, shall be initiated by a senior 15
28		-	~~appointee~~. 16
	57	+	NITIATION OF RULEMAKING AND REGU -14
	58	+	LATORY AGENDA.—Except as provided in paragraph 15
	59	+	(3), any rule initiated under section 553 of title 5, 16
	60	+	United States Code, shall be initiated by a senior ap-17
	61	+	pointee. 18
29	62		(3) E
30		-	XCEPTION.—Paragraph (1) or (2) does 17
31		-	not apply if the head of an agency— 18
32		-	(A) determines, on a nondelegable basis, 19
33		-	that compliance with the relevant paragraph 20
34		-	would impede public safety or security; 21
35		-	(B) submits to the Administrator a notifi-22
36		-	cation disclosing the reasons for the exemption; 23
37		-	and 24 3
38		-	•HR 357 EH
39		-	(C) publishes such notification, consistent 1
40		-	with public safety, security, and privacy inter-2
41		-	ests, in the Federal Register. 3
	63	+	XCEPTION.—Paragraph (1) or (2) does not 19
	64	+	apply if the head of an agency— 20
	65	+	(A) determines, on a nondelegable basis, 21
	66	+	that compliance with the relevant paragraph 22
	67	+	would impede public safety or security; 23
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	70	+	•HR 357 RH
	71	+	(B) submits to the Administrator a notifica-1
	72	+	tion disclosing the reasons for the exemption; 2
	73	+	and 3
	74	+	(C) publishes such notification, consistent 4
	75	+	with public safety, security, and privacy inter-5
	76	+	ests, in the Federal Register. 6
42	77		(b) O
43		-	VERSIGHT.— 4
	78	+	VERSIGHT.— 7
44	79		(1) A
45		-	GENCY COMPLIANCE .—The head of each 5
46		-	agency shall ensure that the issuance of any agency 6
47		-	rule promulgated under section 553 of title 5, 7
48		-	~~United~~ States Code, adheres to the requirements of 8
49		-	~~this section~~. 9
	80	+	GENCY COMPLIANCE.—The head of each 8
	81	+	agency shall ensure that the issuance of any agency 9
	82	+	rule promulgated under section 553 of title 5, United 10
	83	+	States Code, adheres to the requirements of this sec-11
	84	+	tion. 12
50	85		(2) OIRA
51		-	GUIDANCE AND COMPLIANCE .—The 10
52		-	Administrator shall provide guidance on the imple-11
53		-	mentation of and shall monitor agency compliance 12
54		-	with this section. 13
	86	+	GUIDANCE AND COMPLIANCE .—The 13
	87	+	Administrator shall provide guidance on the imple-14
	88	+	mentation of and shall monitor agency compliance 15
	89	+	with this section. 16
55	90		(c) R
56		-	ULES OFCONSTRUCTION.—This section may 14
57		-	not be construed to impair or otherwise affect the func-15
58		-	tions of the Director of the Office of Management and 16
59		-	Budget relating to budgetary, administrative, or legislative 17
60		-	proposals. 18
	91	+	ULES OFCONSTRUCTION.—This section may not 17
	92	+	be construed to impair or otherwise affect the functions of 18
	93	+	the Director of the Office of Management and Budget relat-19
	94	+	ing to budgetary, administrative, or legislative proposals. 20
61	95		(d) D
62		-	EFINITIONS.—In this section: 19
	96	+	EFINITIONS.—In this section: 21
63	97		(1) A
64		-	DMINISTRATOR.—The term ‘‘Adminis-20
65		-	trator’’ means the Administrator of the Office of In-21
66		-	formation and Regulatory Affairs (OIRA) in the Of-22
67		-	fice of Management and Budget (OMB). 23 4
68		-	•HR 357 EH
69		-	(2) AGENCY.—The term ‘‘agency’’ has the 1
70		-	meaning given that term under section 551 of title 2
71		-	5, United States Code. 3
	98	+	DMINISTRATOR.—The term ‘‘Adminis-22
	99	+	trator’’ means the Administrator of the Office of In-23
	100	+	formation and Regulatory Affairs (OIRA) in the Of-24
	101	+	fice of Management and Budget (OMB). 25
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	104	+	•HR 357 RH
	105	+	(2) AGENCY.—The term ‘‘agency’’ has the mean-1
	106	+	ing given that term under section 551 of title 5, 2
	107	+	United States Code. 3
72	108		(3) R
73	109		ULE.—The term ‘‘rule’’ has the meaning 4
74	110		given that term in section 551 of title 5, United 5
75	111		States Code, and does not include any rule of agency 6
76		-	organization, procedure, or practice that does not 7
77		-	~~substantially~~ affect the rights or obligations of non- 8
78		-	~~agency~~ parties. 9
	112	+	organization, procedure, or practice that does not sub-7
	113	+	stantially affect the rights or obligations of non-agen-8
	114	+	cy parties. 9
79	115		(4) S
80	116		ENIOR APPOINTEE.—The term ‘‘senior ap-10
81		-	pointee’’ means an individual appointed by the 11
82		-	~~President~~, or performing the functions and duties of 12
83		-	~~an office~~ that requires appointment by the ~~Presi-~~13
84		-	~~dent, or a~~ non-career member of the Senior ~~Execu-~~14
85		-	~~tive Service~~ (or equivalent agency system). 15
86		-	~~Passed the House of Representatives December 12~~,
87		-	~~2023~~.
88		-	~~Attest:~~
89		-	~~Clerk.~~ 118
	117	+	pointee’’ means an individual appointed by the Presi-11
	118	+	dent, or performing the functions and duties of an of-12
	119	+	fice that requires appointment by the President, or a 13
	120	+	non-career member of the Senior Executive Service 14
	121	+	(or equivalent agency system). 15
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	123	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB Union Calendar No.
	124	+	226
	125	+	118
90	126		TH
91	127		CONGRESS
92	128		1
93	129		ST
94	130		S
95	131		ESSION
96	132
97	133		H. R. 357
98		-	AN ACT
	134	+	[Report No. 118–282]
	135	+	A BILL
99	136		To require the head of an agency to issue and sign
100	137		any rule issued by that agency, and for other
101	138		purposes.
	139	+	N
	140	+	OVEMBER
	141	+	29, 2023
	142	+	Reported with an amendment, committed to the Com-
	143	+	mittee of the Whole House on the State of the Union,
	144	+	and ordered to be printed
	145	+	VerDate Sep 11 2014 22:27 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H357.RH H357
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