Ensuring Democratic Accountability in Agency Rulemaking

2021-01-22Executive Order 13979
Signed by: Donald Trump
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Headline: Federal Agency Heads Must Have Senior Appointees Sign Rules

What it does: Agencies must ensure senior appointees sign and initiate major rulemaking and review delegations for compliance.

Real World Impact:
  • Shifts final rule approval from career officials to senior appointees.
  • Requires agencies to review past significant rules and report findings.
  • May narrow delegations and limit career staff rulemaking authority.
Topics: rulemaking, federal agencies, government accountability, administration

Summary

This order requires the head of each federal agency to make sure major agency rules are signed by senior appointees and that only senior appointees may start rulemaking or approve the agency's regulatory agenda.

Agency leaders must review delegations of rulemaking authority, review significant rules issued in the last 12 years, and report findings to the President through the Office of Information and Regulatory Affairs; exemptions are allowed for public safety with notice. The stated aim is to restore democratic accountability over rulemaking.

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