December 11, 2023
Dear Representative,
The undersigned organizations and individuals write in opposition to the misleadingly-named “Ensuring Accountability in Agency Rulemaking Act”, H.R. 357. This bill would codify Executive Order 13979, entitled “Ensuring Democratic Accountability in Agency Rulemaking,” issued by former President Donald Trump at the end of his term and repealed by President Joe Biden. This legislation would decrease the accountability of industry to the public. It would do so by adding intentional ambiguity that would lead to considerable delay in the creation, promulgation, and implementation of critical new public health and safety safeguards, financial reforms, and worker protections.
For example, H.R. 357 provides that “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.” As you are aware, under the Constitution’s appointments clause, agency rulemakings are authorized by “principal” officers who are Senate confirmed, and in practice, this often occurs through necessary delegation. No agency, however, would ever issue a rule without authorization from a relevant agency leader. Rather than ensuring public protections and industry accountability in and through agency rulemaking, it would create confusion, ambiguity, and uncertainty and pointless delays.
As government openness and accountability advocates, we strongly urge you to oppose the Ensuring Accountability in Agency Rulemaking Act.
Sincerely,
Government Information Watch
National Center for Health Research
Project On Government Oversight
Earthjustice
Government Accountability Project
National Federation of Federal Employees (NFFE)
Steve Lenkart, CEO, Government Executives International
Liz Borkowski, MPH