Agency Rulemaking (E.O. 13979)

Summary

Makes sure that people chosen by the President are the ones who approve new government rules that affect Americans' daily lives.

What problem does this solve?

Some government agencies let career workers, who are not elected, make final decisions on new rules. This order requires that only officials appointed by the President can approve these rules, making the process more accountable to voters.

What does this order do?

Senior appointees must approve rules

Requires that all new agency rules must be signed by a senior appointee, an official appointed by the President or a non-career senior executive.

Review of past rules

Directs agencies to review all significant rules from the past 12 years to determine if they were approved by a senior appointee.

Review of rulemaking authority

Orders agencies to review and change who has the power to make rules to ensure it is consistent with this new order.

Public safety exemption

Allows agency heads to bypass this rule if following it would harm public safety or security, but they must report the reason why.

Who does this affect?

Federal agencies
Government employees
The American public

What is the real world impact?

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Increases accountability to voters

Ensures that the people making rules are appointed by the elected President, making them more directly answerable to the public.

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Centralizes power in the White House

Shifts final rulemaking authority from career experts within agencies to political appointees who report to the President, giving the executive branch more direct control over regulations.

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Politicizes the rulemaking process

Critics might argue this order sidelines expert career officials in favor of political appointees, potentially leading to rules based more on political goals than on expert analysis or evidence.

When does this start?

This order became effective on January 18, 2021, and includes several deadlines for federal agencies to follow.

Review of past significant rules

Within 90 days of January 18, 2021, agencies must review all significant rules issued in the last 12 years.

Report on rule review

Within 120 days of January 18, 2021, agencies must report their findings on the review of past rules to the President.