Sponsors said the bill would “would help to remedy the problem of career bureaucrats issuing agency rules without electoral accountability.” Image: DCStockPhotography/Shutterstock.com
By: FEDweek StaffThe House has passed, but the White House has threatened to veto, a bill (HR-357) that would require that notice-and-comment rulemaking be initiated by an agency “senior appointee” and be issued and signed by a Senate-confirmed Presidential appointee.
The bill would effectively reinstate a policy issued by executive order in the waning days of the Trump administration. Sponsors said the bill would “would help to remedy the problem of career bureaucrats issuing agency rules without electoral accountability.”
However, that order was revoked just a month later by the Biden administration, and in comments on the House bill, OMB said it “would add unnecessary bureaucratic hurdles that would encumber the rulemaking process without providing any additional benefits.”
“There are procedures already in place that provide for engagement, oversight, and accountability by Executive Branch agency leadership,” it said, arguing that the bill “would also limit the flexibility of Senate-confirmed officials to delegate signature authority to experienced subordinates who have the requisite authority and experience to oversee regulatory development.”
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