H.R. 357House118th Congress (2023-2025)Passed House

Ensuring Accountability in Agency Rulemaking Act

Sponsored by Ben ClineRep. Ben Cline (R-VA)
Introduced January 13, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:14 AM UTC

The Ensuring Accountability in Agency Rulemaking Act requires that any federal rule issued under the standard rulemaking process be formally issued and signed by a presidential appointee confirmed by the Senate, rather than by lower‑level staff. It also mandates that rulemaking be started by a senior appointee, with a narrow safety‑related exemption. The Office of Information and Regulatory Affairs (OIRA) must issue guidance and monitor agency compliance. The law applies to all federal agencies covered by the Administrative Procedure Act.

Key Provisions

  • Rules must be issued and signed by a presidential appointee confirmed by the Senate, except when a safety or security exemption applies.
  • Rulemaking must be initiated by a senior appointee rather than lower‑level staff.
  • An agency head can exempt the signing requirement if it would impede public safety or security, provided they notify the OIRA Administrator and publish the reason in the Federal Register.
  • The OIRA Administrator must provide guidance on the new requirements and oversee agency compliance.

Legislative Activity

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20 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

December 13, 2023

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HouseIntro Referral

Introduced in House

January 13, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 13, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

May 24, 2023

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 9.

May 24, 2023

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 118-282.

November 29, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 226.

November 29, 2023

HouseFloor

Rules Committee Resolution H. Res. 922 Reported to House. Rule provides for consideration of H.R. 1147 and H.R. 357. The resolution provides for consideration of H.R. 1147 under a structured rule with one hour of general debate and H.R. 357 under a closed rule with one hour of general debate. The resolution provides for a motion to recommit on both measures. It also provides that on any legislative day of the second session of the 118th Congress before January 9, 2024, the Speaker may dispense with organizational and legislative business and that the Journal of the proceedings of the previous day shall be considered as approved if applicable.

December 11, 2023 • 8:11 PM

HouseFloor

Rule H. Res. 922 passed House.

December 12, 2023 • 2:09 PM

HouseFloor

Considered under the provisions of rule H. Res. 922. (consideration: CR H6836-6840)

December 12, 2023 • 2:36 PM

HouseFloor

Rule provides for consideration of H.R. 1147 and H.R. 357. The resolution provides for consideration of H.R. 1147 under a structured rule with one hour of general debate and H.R. 357 under a closed rule with one hour of general debate. The resolution provides for a motion to recommit on both measures. It also provides that on any legislative day of the second session of the 118th Congress before January 9, 2024, the Speaker may dispense with organizational and legislative business and that the Journal of the proceedings of the previous day shall be considered as approved if applicable.

December 12, 2023 • 2:36 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 357.

December 12, 2023 • 2:37 PM

HouseFloor

The previous question was ordered pursuant to the rule.

December 12, 2023 • 2:57 PM

HouseFloor

Mr. Mrvan moved to recommit to the Committee on the Judiciary. (text: CR H6840)

December 12, 2023 • 2:57 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

December 12, 2023 • 2:57 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 357, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Mrvan demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

December 12, 2023 • 2:58 PM

HouseFloor

Considered as unfinished business. (consideration: CR H6840-6842)

December 12, 2023 • 4:30 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 206 - 211 (Roll no. 716).

December 12, 2023 • 5:06 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 218 - 203 (Roll no. 717). (text of amendment in the nature of a substitute: CR H6836-6837)

December 12, 2023 • 5:14 PM

HouseFloor

On passage Passed by recorded vote: 218 - 203 (Roll no. 717). (text of amendment in the nature of a substitute: CR H6836-6837)

December 12, 2023 • 5:14 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 12, 2023 • 5:14 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

December 13, 2023

Floor Debate

22 members

What members said about H.R. 357 on the floor

13 Republicans9 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Sep 18, 2024

Mr. Speaker, I thank the gentlewoman from Indiana for yielding me the time, and I yield myself such time as I may consume. Mr. Speaker, it is good to be back on the House floor with the gentlewoman…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Dec 12, 2023

Mr. Speaker, I thank the gentlewoman from Minnesota for yielding the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Volodymyr Zelenskyy is here in the Capitol…

Erin Houchin
Rep. Erin HouchinR-IN-9 · Sep 18, 2024

Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Jun 13, 2023

Mr. Chair, today, we are considering a bill that would require both houses of Congress to vote to approve, and for the President to sign, a motion of approval for any major rule in progress from our…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Jun 13, 2023

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 277. Mr. Chair, I yield myself…

Show 8 more
Kat Cammack
Rep. Kat CammackR-FL-3 · Jun 13, 2023

Mr. Chairman, I rise today in strong support of my bill, H.R. 277, the REINS Act, the largest regulatory reform bill in American history. I know that sounds pretty major, but the REINS Act is…

Ben Cline
Rep. Ben ClineR-VA-6 · Dec 12, 2023

Madam Speaker, pursuant to House Resolution 922, I call up the bill (H.R. 357) to require the head of an agency to issue and sign any rule issued by that agency, and for other purposes, and ask for…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 12, 2023

Madam Speaker, I thank the gentleman very much and his good friend as well for yielding, and I appreciate their intent, but let me be very clear: What we have here is a complete collapse of a system…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Dec 12, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 922 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Dec 12, 2023

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, the so-called Ensuring Accountability in Agency Rulemaking Act is a misguided proposal that will ensure that the process of…

Bill Posey
Rep. Bill PoseyR-FL-8 · Jun 13, 2023

Mr. Chairman, I thank the gentleman from Kentucky for yielding today. Today, the issue is rules reform. Let's answer some commonly asked questions about agency rules. Question number one: What is a…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · Jun 13, 2023

Mr. Chair, the power of the administrative state to impose radical and unpopular policies that could never be passed by Congress violates the separation of powers established by the Constitution and…

Tom McClintock
Rep. Tom McClintockR-CA-5 · Jun 13, 2023

Mr. Chairman, this bill presents a question that is fundamental to the central architecture of our Republic: Who is to make law? This has been pointed out, and the Constitution is very clear on this:…

Show 11 more
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Sep 18, 2024

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, the reason we are here is because the average family of four is paying over $17,000 more per year thanks to the policies of the…

Ralph Norman
Rep. Ralph NormanR-SC-5 · Sep 18, 2024

Mr. Speaker, I thank and appreciate Mrs. Houchin for putting forward these bills. I am glad there are citizens up here listening to the two different points of view. We are totally different. Some of…

Veronica Escobar
Rep. Veronica EscobarD-TX-16 · Sep 18, 2024

Mr. Speaker, we are only 12 days away from a potential government shutdown, and yet here we are debating yet another slate of unserious Republican policies, so-called antiwoke bills. Instead of…

Mike Thompson
Rep. Mike ThompsonD-CA-4 · Dec 12, 2023

Mr. Speaker, I thank the gentlewoman for yielding. Like the gentlewoman, I spent my entire weekend in my district, and not one person came to me asking me to change the law on chocolate milk. We have…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Sep 18, 2024

Mr. Speaker, I rise today in support of H.R. 5717, the No Bailout for Sanctuary Cities Act. I do have to comment that the ranking member and I sit on the Rules Committee, and the ranking member and I…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Dec 12, 2023

Mr. Speaker, I rise today to support the rule that includes consideration of the Whole Milk for Healthy Kids Act, an important step to ensuring America's children have access to healthy, nutritious…

Thomas P. Tiffany
Rep. Thomas P. TiffanyR-WI-7 · Jun 13, 2023

Mr. Chairman, it is good to join Representative Massie, once again, here tonight in regard to the REINS Act. I want to share with everybody a real-world example of how the REINS Act could be used. I…

Jesús G. "Chuy" García
Rep. Jesús G. "Chuy" GarcíaD-IL-4 · Sep 18, 2024

Mr. Speaker, this week we find ourselves confronted with a series of bills brought by our Republican colleagues that are not only misguided but also villainize immigrant communities. These proposals…

Frank J. Mrvan
Rep. Frank J. MrvanD-IN-1 · Dec 12, 2023

Madam Speaker, I thank Ranking Member Nadler for the time. Madam Speaker, I rise today in opposition to H.R. 357. As a Member of the legislative branch, I take very seriously our responsibility to…

John H. Rutherford
Rep. John H. RutherfordR-FL-5 · Jun 13, 2023

Mr. Chair, like my good colleague here from Kentucky, I rise today to remind this Chamber that our Founders put Congress in charge of writing our laws, not unelected bureaucrats at Federal agencies.…

Donald M. Payne, Jr.
Rep. Donald M. Payne, Jr.D-NJ-10 · Dec 12, 2023

Mr. Speaker, I was unable to cast my vote for rollcall vote Nos. 710 through 717. Had I been present, I would have voted ``nay'' on rollcall vote No. 710, ``nay'' on rollcall vote No. 711, ``yea'' on…

Bill Text

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Latest
Referred in SenateIssued December 13, 2023

IIB

118th CONGRESS

1st Session

H. R. 357

IN THE SENATE OF THE UNITED STATES

December 13, 2023

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

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).

Passed the House of Representatives December 12, 2023.

Kevin F. McCumber,

Clerk.