ExecutiveOrdersEO
EO 13979Executive OrderTrump 45 · R Quiet signal

Executive Order 13979

Ensuring Democratic Accountability in Agency Rulemaking

This executive order requires that agency rules under the Administrative Procedure Act be signed and initiated only by senior political appointees rather than career civil servants, with the stated aim of strengthening democratic accountability. It mandates reviews of existing delegations of rulemaking authority and of significant rules issued over the prior 12 years to identify any that were not issued by senior appointees.

Federal Register Open PDF 86 FR 6813

Impact dates

  1. Review and revise rulemaking delegations; amend agency regulations

  2. Report to President summarizing rule review findings

  3. Review of significant rules issued over last 12 years

Key directives

  • Require senior appointees to sign all section 553 rules and initiate/approve regulatory agendas (Sec. 2(a))
  • Prohibit delegation of public safety exemption determinations (Sec. 2(c))
  • Review and revise rulemaking delegations within 180 days (Sec. 3)
  • Amend agency management regulations to incorporate Sec. 2 requirements (Sec. 3)
  • Review all significant rules from past 12 years within 90 days (Sec. 4(a))
  • Report findings to President through OIRA Administrator within 120 days (Sec. 4(b))
  • OIRA Administrator to provide implementation guidance and monitor compliance (Sec. 6)

Who is ordered

Timeline

Immediate

  • EO takes effect; agencies must begin compliance with new rulemaking signature requirements

Near term (90d)

  • Agencies must complete review of significant rules issued over last 12 years (Sec. 4(a))

Long term

  • Agencies must complete review and revision of delegations of rulemaking authority and amend regulations (Sec. 3); final reports due on rule reviews (Sec. 4(b))

Risks & tensions

  • EO signed two days before presidential transition; implementation uncertain under incoming administration
  • Potential tension with agency expertise and operational continuity if political appointees must sign all rules
  • 12-year lookback review (to 2009) is unusually extensive and administratively burdensome
  • Public safety exemption process (Sec. 2(b)) creates procedural hurdle that may delay urgent rules
  • Vague: 'to the extent permitted by law' qualifiers in Sections 2-3 may limit actual enforceability
  • Conflict with statutory schemes that expressly delegate authority to specific agency positions
Executive Order 13979: Ensuring Democratic Accountability in Agency Rulemaking · Executive Orders