Ensuring Democratic Accountability in Agency Rulemaking

However, some agencies have chosen to blur these lines of democratic accountability by allowing career officials to authorize, approve, and serve as the final word on regulations. This practice transfers the power to set rules governing Americans' daily lives from the President, acting through his executive subordinates, to officials insulated from the accountability that national elections bring. This practice undermines the power of the American people to choose who governs them and I am directing steps to end it.

(i) require that agency rules promulgated under section 553 of title 5, United States Code (section 553), must be signed by a senior appointee; and

(ii) require that only senior appointees may initiate the rulemaking process for agency rules promulgated under section 553 or may approve the agency's regulatory agenda.

(b) Subsection (a) of this section shall not apply if the agency head:

(i) determines that compliance with this section would impede public safety or security; and

(ii) submits to the Administrator of the Office of Information and Regulatory Affairs (Administrator) within the Office of Management and Budget a notification disclosing the reasons for the exemption and publishes such notification, consistent with public safety, security, and privacy interests, in the Federal Register .

(c) An agency head may not delegate authority to make the determination allowed by subsection (b) of this section.

(d) The head of each agency shall ensure that the issuance of future agency rules promulgated under section 553 adheres to the requirements of this section.

(a) review delegations of authority regarding rulemaking and make any revisions necessary to ensure that such delegations are consistent with section 2 of this order; and

(b) amend agency regulations governing agency management and procedure to incorporate the requirements of section 2 of this order.

(b) Within 120 days of the date of this order, the head of each agency shall provide a report to the President, through the Administrator, summarizing the findings of the review. For good cause shown, the Administrator may authorize an extension of the deadline to provide such report.

(a) “agency” has the meaning given that term in section 3(b) of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended, or any successor order; except that for purposes of this order:

(i) the term shall include the Consumer Financial Protection Bureau; and

(ii) the term shall not include the Federal Bureau of Prisons of the Department of Justice;

(b) “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);

(c) “significant rule” means any rule that is also a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, as amended, or any successor order; and

(d) “rule” has the meaning given that term in section 551(4) of title 5, United States Code, except that such term does not include any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.