[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1198 Reported in Senate (RS)]






                                                       Calendar No. 424
106th CONGRESS
  1st Session
                                S. 1198

                          [Report No. 106-225]

  To amend chapter 8 of title 5, United States Code, to provide for a 
     report by the General Accounting Office to Congress on agency 
              regulatory actions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1999

    Mr. Shelby (for himself, Mr. Bond, Mr. Lott, Mr. Thompson, Mrs. 
   Lincoln, Mr. Voinovich, Mr. Kerrey, Mr. Stevens, Mr. Breaux, Mr. 
 Bennett, Ms. Landrieu, Mr. Inhofe, Mr. Robb, Mr. Roth, and Mr. Hagel) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

                            December 7, 1999

  Reported under authority of the order of the Senate of November 19, 
 1999, by Mr. Thompson, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 8 of title 5, United States Code, to provide for a 
     report by the General Accounting Office to Congress on agency 
              regulatory actions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Congressional 
Accountability for Regulatory Information Act of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) many Federal regulations have improved the 
        quality of life of the American public, however, uncontrolled 
        increases in regulatory costs and lost opportunities for better 
        regulation cannot be continued;</DELETED>
        <DELETED>    (2) the legislative branch has a responsibility to 
        ensure that laws passed by Congress are properly implemented by 
        the executive branch; and</DELETED>
        <DELETED>    (3) in order for the legislative branch to fulfill 
        its responsibilities to ensure that laws passed by Congress are 
        implemented in an efficient, effective, and fair manner, the 
        Congress requires accurate and reliable information on which to 
        base decisions.</DELETED>

<DELETED>SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL 
              ACCOUNTING OFFICE.</DELETED>

<DELETED>    (a) In General.--Section 801(a)(2) of title 5, United 
States Code, is amended by striking subparagraph (B) and inserting the 
following:</DELETED>
<DELETED>    ``(B)(i) After an agency publishes a regulatory action, a 
committee of either House of Congress with legislative or oversight 
jurisdiction relating to the action may request the Comptroller General 
to review the action under clause (ii).</DELETED>
<DELETED>    ``(ii) Of requests made under clause (i), the Comptroller 
General shall provide a report on each regulatory action selected under 
clause (iv) to the committee which requested the report (and the 
committee of jurisdiction in the other House of Congress) not later 
than 180 calendar days after the committee request is received. The 
report shall include an independent analysis of the regulatory action 
by the Comptroller General using any relevant data or analyses 
available to or generated by the General Accounting Office.</DELETED>
<DELETED>    ``(iii) The independent analysis of the regulatory action 
by the Comptroller General under clause (ii) shall include--</DELETED>
        <DELETED>    ``(I) an analysis by the Comptroller General of 
        the potential benefits of the regulatory action, including any 
        beneficial effects that cannot be quantified in monetary terms 
        and the identification of those likely to receive the 
        benefits;</DELETED>
        <DELETED>    ``(II) an analysis by the Comptroller General of 
        the potential costs of the regulatory action, including any 
        adverse effects that cannot be quantified in monetary terms and 
        the identification of those likely to bear the costs;</DELETED>
        <DELETED>    ``(III) an analysis by the Comptroller General of 
        any alternative regulatory approaches, which have been 
        identified, that could achieve the same goal in a more cost-
        effective manner or that could provide greater net benefits, 
        and, if applicable, a brief explanation of any statutory 
        reasons why such alternatives could not be adopted;</DELETED>
        <DELETED>    ``(IV) an analysis of the extent to which the 
        regulatory action would affect State or local governments; 
        and</DELETED>
        <DELETED>    ``(V) a summary of how the results of the 
        Comptroller General's analysis differ, if at all, from the 
        results of the analyses of the agency in promulgating the 
        regulatory action.</DELETED>
<DELETED>    ``(iv) In consultation with the Majority and Minority 
Leaders of the Senate and the Speaker and Minority Leader of the House 
of Representatives, the Comptroller General shall develop procedures 
for determining the priority and number of those requests for review 
under clause (i) that will be reported under clause (ii).</DELETED>
<DELETED>    ``(C) Federal agencies shall cooperate with the 
Comptroller General by promptly providing the Comptroller General with 
such records and information as the Comptroller General determines 
necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Definitions.--Section 804 of title 5, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (5), respectively;</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) The term `independent analysis' means a 
        substantive review of the agency's underlying assessments and 
        assumptions used in developing the regulatory action and any 
        additional analysis the Comptroller General determines to be 
        necessary.''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (3) (as 
        redesignated by paragraph (1) of this subsection) the 
        following:</DELETED>
        <DELETED>    ``(4) The term `regulatory action' means--
        </DELETED>
                <DELETED>    ``(A) notice of proposed rule 
                making;</DELETED>
                <DELETED>    ``(B) final rule making, including interim 
                final rule making; or</DELETED>
                <DELETED>    ``(C) a rule.''.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the General 
Accounting Office to carry out chapter 8 of title 5, United States 
Code, $5,200,000 for each of fiscal years 2000 through 2003.</DELETED>

<DELETED>SEC. 5. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act and the amendments made by this Act shall take 
effect 180 days after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Regulating Act of 1999''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) increase the transparency of important regulatory 
        decisions;
            (2) promote effective congressional oversight to ensure 
        that agency rules fulfill statutory requirements in an 
        efficient, effective, and fair manner; and
            (3) increase the accountability of Congress and the 
        agencies to the people they serve.

SEC. 3. DEFINITIONS.

    In this Act, the term--
            (1) ``agency'' has the meaning given such term under 
        section 551(1) of title 5, United States Code;
            (2) ``economically significant rule'' means any proposed or 
        final rule, including an interim or direct final rule, that may 
        have an annual effect on the economy of $100,000,000 or more or 
        adversely affect in a material way the economy, a sector of the 
        economy, productivity, competition, jobs, the environment, 
        public health or safety, or State, local, or tribal governments 
        or communities; and
            (3) ``independent evaluation'' means a substantive 
        evaluation of the agency's data, methodology, and assumptions 
        used in developing the economically significant rule, 
        including--
                    (A) an explanation of how any strengths or 
                weaknesses in those data, methodology, and assumptions 
                support or detract from conclusions reached by the 
                agency; and
                    (B) the implications, if any, of those strengths or 
                weaknesses for the rulemaking.

SEC. 4. PILOT PROJECT FOR REPORT ON RULES.

    (a) In General.--
            (1) Request of review.--When an agency publishes an 
        economically significant rule, the Comptroller General of the 
        United States may review the rule at the request of a committee 
        of jurisdiction of either House of Congress.
            (2) Report.--The Comptroller General shall submit a report 
        on each economically significant rule selected under paragraph 
        (4) to the committees of jurisdiction in each House of Congress 
        not later than 180 calendar days after a committee request is 
        received. The report shall include an independent evaluation of 
        the economically significant rule by the Comptroller General.
            (3) Independent evaluation.--The independent evaluation of 
        the economically significant rule by the Comptroller General 
        under paragraph (2) shall include--
                    (A) an evaluation of the agency's analysis of the 
                potential benefits of the rule, including any 
                beneficial effects that cannot be quantified in 
                monetary terms and the identification of the persons or 
                entities likely to receive the benefits;
                    (B) an evaluation of the agency's analysis of the 
                potential costs of the rule, including any adverse 
                effects that cannot be quantified in monetary terms and 
                the identification of the persons or entities likely to 
                bear the costs;
                    (C) an evaluation of the agency's analysis of 
                alternative approaches set forth in the notice of 
                proposed rulemaking and in the rulemaking record, as 
                well as of any regulatory impact analysis, federalism 
                assessment, or other analysis or assessment prepared by 
                the agency or required for the economically significant 
                rule; and
                    (D) a summary of the results of the evaluation of 
                the Comptroller General and the implications of those 
                results.
            (4) Procedures for priorities of requests.--The Comptroller 
        General shall have discretion to develop procedures for 
        determining the priority and number of requests for review 
        under paragraph (1) for which a report will be submitted under 
        paragraph (2).
    (b) Authority of Comptroller General.--Each agency shall promptly 
cooperate with the Comptroller General in carrying out this Act. 
Nothing in this Act is intended to expand or limit the authority of the 
General Accounting Office.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the General Accounting 
Office to carry out this Act $5,200,000 for each of fiscal years 2000 
through 2002.

SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT.

    (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect 90 days after the date of enactment of this Act.
    (b) Duration of Pilot Project.--The pilot project under this Act 
shall continue for a period of 3 years, if in each fiscal year, or 
portion thereof included in that period, a specific annual 
appropriation not less than $5,200,000 or the pro-rated equivalent 
thereof shall have been made for the pilot project.
    (c) Report.--Before the conclusion of the 3-year period, the 
Comptroller General shall submit to Congress a report reviewing the 
effectiveness of the pilot project and recommending whether or not 
Congress should permanently authorize the pilot project.
            Amend the title so as to read: ``A bill to establish a 3-
        year pilot project for the General Accounting Office to report 
        to Congress on economically significant rules of Federal 
        agencies, and for other purposes.''.
                                     

                                                       Calendar No. 424

106th CONGRESS

  1st Session

                                S. 1198

                          [Report No. 106-225]

_______________________________________________________________________

                                 A BILL

  To amend chapter 8 of title 5, United States Code, to provide for a 
     report by the General Accounting Office to Congress on agency 
              regulatory actions, and for other purposes.

_______________________________________________________________________

                            December 7, 1999

        Reported with an amendment and an amendment to the title