118 HR 5930 IH: Rulemaking Accountability and Reform Act of 2023 U.S. House of Representatives 2023-10-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5930IN THE HOUSE OF REPRESENTATIVESOctober 11, 2023Mr. Posey introduced the following billOctober 25, 2023Referred to the Committee on the JudiciaryA BILLTo amend title 5, United States Code, to require a clarification of the underlying authority for a rulemaking.

1.

Short title

This Act may be cited as the Rulemaking Accountability and Reform Act of 2023.

2.

Rulemaking

Section 553 of title 5, United States Code is amended— (1)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 (2)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..

3.

Scope of review

Section 706(2) of title 5, United States Code is amended— (1)in subparagraph (E), by striking or at the end; (2)in subparagraph (F), by striking the period at the end and inserting a semicolon; and (3)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..

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.