[Senate Report 117-96]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 347
117th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {      117-96
_______________________________________________________________________

                                     



                      GAO DATABASE MODERNIZATION 
                              ACT OF 2021

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 629

         TO AMEND CHAPTER 8 OF TITLE 5, UNITED STATES CODE, TO
         REQUIRE FEDERAL AGENCIES TO SUBMIT TO THE COMPTROLLER
          GENERAL OF THE UNITED STATES A REPORT ON RULES THAT
     ARE REVOKED, SUSPENDED, REPLACED, AMENDED, OR OTHERWISE MADE 
                              INEFFECTIVE






[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








                 April 27, 2022.--Ordered to be printed
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
29-010                   WASHINGTON : 2022
















        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
                 Emily Manna, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
Amanda H. Neely, Minority Director of Governmental Affairs and General 
                                Counsel
                     Laura W. Kilbride, Chief Clerk 
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                                                      Calendar No. 347
117th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {      117-96

======================================================================



 
                 GAO DATABASE MODERNIZATION ACT OF 2021

                                _______
                                

                 April 27, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 629]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 629) to amend 
chapter 8 of title 5, United States Code, to require Federal 
agencies to submit to the Comptroller General of the United 
States a report on rules that are revoked, suspended, replaced, 
amended, or otherwise made ineffective, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                    Page
  I. Purpose and Summary.............................................. 1
 II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 2
 IV. Section-by-Section Analysis of the Bill, as Reported............. 2
  V. Evaluation of Regulatory Impact.................................. 3
 VI. Congressional Budget Office Cost Estimate........................ 3
VII. Changes in Existing Law Made by the Bill, as Reported............ 4

                         I. Purpose and Summary

    The purpose of S. 629, the GAO Database Modernization Act 
of 2021, is to ensure that the Government Accountability Office 
(GAO)'s Congressional Review Act (CRA) database reflects the 
most up-to-date rules that agencies promulgate. For any rule 
already required by the CRA to be reported to GAO, the bill 
requires agencies to provide GAO with updated information if 
the rule is later revoked, suspended, replaced, amended, or for 
any reason no longer effective.

              II. Background and the Need for Legislation

    The GAO Database Modernization Act will amend the CRA to 
improve GAO's ability to keep its voluntary public database of 
all major and non-major rules as current and accurate as 
possible. In doing so, the bill will increase agency 
transparency and oversight of the rulemaking process.
    Congress passed the CRA in 1996 to establish an expedited 
process for the Senate to review and possibly disapprove of a 
Federal agency's final rules.\1\ In addition to creating a rule 
review process, the CRA also improved oversight and 
transparency. The CRA requires agencies to submit new rules to 
Congress, acting as a notification system and ensuring that 
Members and committee staff are aware of an agency's rulemaking 
activities.\2\
---------------------------------------------------------------------------
    \1\Contract with America Advancement Act of 1996, Pub. L. No. 104-
121, Subtitle E, 104th Cong. (1996); Curtis W. Copeland & Richard S. 
Beth, Gov't and Finance Division, Congressional Research Service, 
Congressional Review Act: Disapproval of Rules in a Subsequent Session 
of Congress (Sep. 3, 2008) (copy on file with the Committee).
    \2\Congressional Research Service, The Congressional Review Act 
(CRA): Frequently Asked Questions (R43992) (Jan. 14, 2020).
---------------------------------------------------------------------------
    Additionally, the CRA requirement that agencies submit 
rules to the Comptroller General has allowed GAO to create a 
publicly-accessible database tracking all major and non-major 
rules that have been submitted to them.\3\ GAO has consistently 
posted a record of receipt of the rules agencies submit to the 
GAO CRA database website.\4\ Agency rules can be found in GAO's 
database by searching by title, agency, date of enactment, 
etc.\5\ The database also hosts GAO reports on major rules to 
add supplemental information on the rules' purpose, impact, and 
compliance.\6\
---------------------------------------------------------------------------
    \3\Government Accountability Office, Bid Protest, Appropriations 
Law, & Other Legal Work, Congressional Review Act, 2020 (https://
www.gao.gov/legal/other-legal-work/congressional-review-act#database).
    \4\Id.
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    Currently, however, agencies do not report updates, 
suspensions, or alterations of rules to GAO unless any 
modifications are part of a newly promulgated regulation. S. 
629 amends the CRA to require agencies to submit a report to 
GAO on rules which are revoked, suspended, amended, or 
otherwise made ineffective.

                        III. Legislative History

    Senator Rick Scott (R-FL) introduced S. 629, the GAO 
Database Modernization Act of 2021, on March 9, 2021. The bill 
was referred to the Committee on Homeland Security and 
Governmental Affairs.
    The Committee considered S. 629 at a business meeting on 
July 14, 2021. During the business meeting, a substitute 
amendment was offered by Chairman Peters and adopted by voice 
vote en bloc. The legislation, as amended, passed by voice vote 
en bloc.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``GAO Database Modernization Act of 2021.''

Section 2. Rules no longer in effect

    This section amends the CRA to require that an agency 
notify the Comptroller General if a rule is made ineffective 
for any reason, including if the agency updates, revokes, or 
suspends a rule or part of a rule submitted under the CRA. This 
notification must include the Federal Register citation, the 
submission date, and a description of the rule or part of the 
rule subject to change. This section also sunsets the bill six 
years after its enactment.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimates

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 15, 2021.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 629, the GAO 
Database Modernization Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 629 would require federal agencies to report to the 
Government Accountability Office (GAO) whenever the agency 
revokes, suspends, replaces, amends, or makes ineffective a 
rule. Such reports must include a description of the provisions 
of the rule. The requirement would terminate in six years.
    Because the bill would not impose a significant additional 
administrative burden on federal agencies or GAO, CBO estimates 
that implementing the legislation would cost less than $500,000 
over the 2022 2026 period; any spending would be subject to the 
availability of appropriated funds.
    Enacting S. 629 could affect direct spending by some 
agencies that are allowed to use fees, receipts from the sale 
of goods, and other collections to cover operating costs. CBO 
estimates that any net changes in direct spending by those 
agencies would be negligible because most of them can adjust 
amounts collected to reflect changes in operating costs.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

           *       *       *       *       *       *       *



SEC. 801. CONGRESSIONAL REVIEW

    (a) * * *
          (1) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) For any rule submitted under subparagraph 
                (A), if the Federal agency promulgating the 
                rule, in whole or in part, revokes, suspends, 
                replaces, amends, or otherwise makes the rule 
                ineffective, or the rule is made ineffective 
                for any other reason, the Federal agency shall 
                submit to the Comptroller General a report 
                containing--
                          (i) the title of the rule;
                          (ii) the Federal Register citation 
                        for the rule, if any;
                          (iii) the date on which rule was 
                        submitted to the Comptroller General; 
                        and
                          (iv) a description of the provisions 
                        of the rule that are being revoked, 
                        suspended, replaces, amended, or 
                        otherwise made ineffective.

           *       *       *       *       *       *       *


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