[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8006 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8006

    To direct the Comptroller General of the United States to issue 
       regulatory scorecards to agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 11, 2020

  Mr. Gosar introduced the following bill; which was referred to the 
Committee on Oversight and Reform, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To direct the Comptroller General of the United States to issue 
       regulatory scorecards to agencies, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Report Card Act''.

SEC. 2. REGULATORY SCORECARD.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this section, and every 2 years thereafter, the 
Comptroller General shall issue to each agency, and provide 
contemporaneously to the Committee on Oversight and Reform of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate, a regulatory scorecard that 
assesses the regulatory activities conducted by each such agency--
            (1) over the life of each such agency; and
            (2) in prior 2 years.
    (b) Public Publication.--Not later than 1 month after scorecard is 
issued under subsection (a), such scorecard shall be made available to 
the public on a website of the Comptroller General.
    (c) Requirement To Testify.--Except as provided by the Chair of the 
Committee on Oversight and Reform of the House of Representatives or 
the Chair of the Committee on Homeland Security and Governmental 
Affairs of the Senate, as applicable, not later than 6 months after the 
scorecard is made available to the public under subsection (a), an 
official who oversees the regulatory policy of an agency, or a 
spokesperson of that agency, shall testify to the Committee on 
Oversight and Reform of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate on--
            (1) the most recent regulatory scorecard issued for the 
        agency; and
            (2) any action taken by the agency to improve such 
        scorecard.
    (d) Regulations.--The Comptroller General may issue regulations as 
may be necessary to carry out this section.
    (e) Definitions.--In this section:
            (1) Administrative procedure act.--The term 
        ``Administrative Procedure Act'' means subchapter II of chapter 
        5 of title 5, United States Code.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (3) Comptroller general.--The term ``Comptroller General'' 
        means the Comptroller General of the United States.
            (4) Covered question.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``covered question'' means a question as 
                follows:
                            (i) Is your agency in compliance with 
                        Executive Order 13771 (requiring agencies to 
                        remove two regulations for every one proposed 
                        regulation), or any successor order?
                            (ii) Is your agency in compliance with 
                        Executive Order 13777 (requiring regulatory 
                        reform officer and task force for each agency), 
                        or any successor order?
                            (iii) Does your agency estimate and 
                        publicly disclose--
                                    (I) the estimated annual cost to 
                                the overall economy of the United 
                                States of all regulations issued by 
                                agency, including any guidance document 
                                issued by the agency; and
                                    (II) the annual cost to the agency 
                                of enforcing such regulations?
                            (iv) Are all formal regulations issued 
                        after the date of the enactment of this Act but 
                        within the prior 2 years, under sections 556 
                        and 557 of title 5, United States Code, in 
                        compliance with the Administrative Procedure 
                        Act?
                            (v) Are all hybrid regulations issued after 
                        the date of the enactment of this Act but 
                        within the prior 2 years, under section 553 of 
                        title 5, United States Code, in compliance with 
                        the Administrative Procedure Act, and any other 
                        procedural requirements under applicable law?
                            (vi) Are all informal regulations issued 
                        after the date of the enactment of this Act but 
                        within the prior 2 years, under section 553 of 
                        title 5, United States Code, in compliance with 
                        the Administrative Procedure Act?
                            (vii) Does your agency publicly disclose 
                        all regulatory guidance in a centralized web-
                        based location?
                            (viii) Does your agency submit a copy of a 
                        regulation to Congress and the Comptroller 
                        General, in accordance with chapter 8 of title 
                        5, United States Code (commonly known as the 
                        ``Congressional Review Act'')?
                            (ix) Does your agency include sunset 
                        provisions on a majority of regulations issued 
                        after the date of the enactment of this Act but 
                        within the prior 2 years?
                            (x) Does your agency publicly disclose the 
                        cost incurred by States and municipalities in 
                        complying with regulations issued by the 
                        agency?
                            (xi) Does your agency submit all 
                        significant regulatory actions to the Office of 
                        Information and Regulatory Affairs for review 
                        in compliance with Executive Order 12866, or 
                        any successor order?
                            (xii) Does your agency allow for public 
                        notice and comment on regulatory guidance?
                            (xiii) Does your agency submit copies of 
                        regulatory guidance to Congress and the 
                        Comptroller General?
                    (B) Discretion.--The following shall not be 
                considered a covered question if the Executive order 
                that is the subject of the question is rescinded:
                            (i) The question described under clause 
                        (i).
                            (ii) The question described under clause 
                        (ii).
                            (iii) The question described under clause 
                        (xi).
            (5) Economic impact score.--The term ``economic impact 
        score'' means a score calculated by the Comptroller General on 
        the basis of--
                    (A) the ongoing impact score, calculated by--
                            (i) determining the total estimated cost 
                        incurred by individuals and entities over the 
                        life of the agency in complying with 
                        regulations issued by the agency; and
                            (ii) dividing such cost by the total number 
                        of regulations issued by the agency over the 
                        life of the agency; and
                    (B) the term economic impact score, calculated by--
                            (i) determining the total estimated cost 
                        incurred by individuals and entities in the 
                        prior two years in complying with regulations 
                        issued by the agency; and
                            (ii) dividing such cost by the total number 
                        of regulations issued by the agency in the 
                        prior two years.
            (6) Guidance document.--The term ``guidance document''--
                    (A) means an agency statement of general 
                applicability (other than a regulation that has the 
                force and effect of law promulgated in accordance with 
                the notice and public procedure under section 553 of 
                title 5, United States Code) that--
                            (i) does not have the force and effect of 
                        law; and
                            (ii) sets forth--
                                    (I) an agency decision or a policy 
                                on a statutory, regulatory, or 
                                technical issue; or
                                    (II) an interpretation of a 
                                statutory or regulatory issue; and
                    (B) may include any of the following:
                            (i) A memorandum.
                            (ii) A notice.
                            (iii) A bulletin.
                            (iv) A directive.
                            (v) A news release.
                            (vi) A letter.
                            (vii) A blog post.
                            (viii) A no-action letter.
                            (ix) A speech by an agency official.
                            (x) An advisory.
                            (xi) A manual.
                            (xii) A circular.
                            (xiii) Any combination of the items 
                        described in clauses (i) through (xii).
            (7) Regulation.--The term ``regulation''--
                    (A) means an agency statement of general 
                applicability and future effect, which the agency 
                intends to have the force and effect of law, that is 
                designed to implement, interpret, or prescribe law or 
                policy or to describe the procedure or practice 
                requirements of an agency;
                    (B) includes regulations issued pursuant to--
                            (i) an informal rulemaking under section 
                        553 of title 5, United States Code;
                            (ii) a formal rulemaking under sections 556 
                        and 557 of title 5, United States Code; and
                            (iii) any combination of the informal 
                        rulemaking described in clause (i) and the 
                        formal rulemaking described in clause (ii); and
                    (C) does not include--
                            (i) regulations that pertain to a military 
                        or foreign affairs function of the United 
                        States, other than procurement regulations and 
                        regulations involving the import or export of 
                        non-defense articles and services;
                            (ii) regulations or regulations that are 
                        limited to agency organization, management, or 
                        personnel matters; or
                            (iii) any other category of regulations 
                        exempted by the Administrator of Office of 
                        Information and Regulatory Affairs.
            (8) Regulatory policy score.--The term ``regulatory policy 
        score'' means a score calculated by the Comptroller General 
        by--
                    (A) adding one point for each affirmative answer 
                provided by an agency to a covered question; and
                    (B) dividing the total number of points added under 
                subparagraph (A) by the total number of covered 
                questions for which answers are provided by the agency.
            (9) Regulatory scorecard.--The term ``regulatory 
        scorecard'' means a scorecard that provides an A, B, C, D, or F 
        grade for the regulatory activities of an agency, determined by 
        the Comptroller General only on the basis of the number that is 
        the average of the regulatory policy score for such agency and 
        the economic impact score for such agency.
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