Section 1 Short title
This Act may be cited as the “Rulemaking Accountability and Reform Act of 2023”.
Rulemaking Accountability and Reform Act of 2023
A BILL
To amend title 5, United States Code, to require a clarification of the underlying authority for a rulemaking.
Sec. 2 Rulemaking
Section 553 of title 5, United States Code is amended—
in subsection (b)(2), by inserting “including a complete recitation of each specific authority under law that grants the agency the power to engage in the rule making, and for each provision of the proposed rule the specific authority or authorities under law that grant the agency the power to promulgate the provision together with an explanation of why the cited authority or authorities provide such power” after “proposed”; and
by adding at the end the following:
“(e) Final Rule Statement of Authority—Every rule made final shall include a complete recitation of each specific authority under law that grants the agency the power to engage in the rule making, and for each provision of the proposed rule the specific authority or authorities under law that grant the agency the power to promulgate the provision together with an explanation of why the cited authority or authorities provide such power.”
Sec. 3 Scope of review
Section 706(2) of title 5, United States Code is amended—
in subparagraph (E), by striking “or” at the end;
in subparagraph (F), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(G) in the case of a final agency rule, whenever the agency’s assertion of authorities pursuant to section 553(e) exceeds or does not reflect the powers and authorities in fact confided to the agency by law; or
“(H) in the case of an agency action or rule that claims the authority or power to resolve a major question, Congress has not provided a clear statement of such authority or power.”
Sec. 4 Application
Notwithstanding any other provision of law, on the effective date of this Act no rule may continue in effect to the extent that it was made in violation of the amendments made by this Act, if such amendments were in effect on the date such rule was made.