[Senate Report 118-25]
[From the U.S. Government Publishing Office]
Calendar No. 65
118th Congress } { Report
SENATE
1st Session } { 118-25
_______________________________________________________________________
GAO DATABASE MODERNIZATION
ACT OF 2023
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 679
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]
May 11, 2023.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
39-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Emily I. Manna, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 65
118th Congress } { Report
SENATE
1st Session } { 118-25
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GAO DATABASE MODERNIZATION ACT OF 2023
_______
May 11, 2023.--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. 679]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 679) 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 without amendment and
recommends that the bill 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............. 3
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
S. 679, the GAO Database Modernization Act of 2023, would
ensure the Government Accountability Office (GAO)'s
Congressional Review Act (CRA) database reflects the most up-
to-date rules that agencies promulgate.\1\ For any rule that
agencies already report to GAO under the CRA, 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.
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\1\On July 14, 2021, the Committee approved S. 629, the GAO
Database Modernization Act of 2021. That bill is substantially similar
to S. 679. Accordingly, this committee report is in many respects
similar to the committee report for S. 629. See S. Rep. No. 117-96.
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II. Background and Need for the Legislation
The GAO Database Modernization Act would 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. The bill would increase agency transparency and
oversight of the rulemaking process by requiring agencies to
report to GAO whenever a rule is revoked, suspended, replaced,
amended, or otherwise becomes ineffective.
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.\2\ In addition to creating a rule
review process, the CRA also aimed to improved oversight and
transparency by requiring agencies to submit new rules to
Congress, acting as a notification system to ensure Members of
Congress are aware of an agency's rulemaking activities.\3\
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\2\Contract with America Advancement Act of 1996, Pub. L. No. 104-
121, Subtitle E; Congressional Research Service, Congressional Review
Act: Disapproval of Rules in a Subsequent Session of Congress (RL34633)
(Sept. 3, 2008).
\3\Congressional Research Service, The Congressional Review Act
(CRA): Frequently Asked Questions (R43992) (Jan. 14, 2020).
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Additionally, the CRA requires agencies to submit new rules
to the Comptroller General of the United States, the head of
GAO.\4\ GAO has created a publicly accessible database tracking
all major and non-major rules agencies have submitted.\5\ The
public can find agency rules in GAO's database by searching by
title, agency, date of enactment, and more. The database also
hosts GAO reports on major rules to add supplemental
information on the rules' purpose, impact, and compliance.
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\4\5 U.S. Code Sec. 801.
\5\Government Accountability Office, Congressional Review Act
Database (https://www.gao.gov/legal/other-legal-work/congressional-
review-act#database) (Accessed Mar. 10, 2023).
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However, agencies do not currently report updates,
suspensions, or alterations of rules to GAO unless any
modifications are part of a newly promulgated regulation. S.
679 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. 679, the GAO
Database Modernization Act of 2023, on March 7, 2023, with
original cosponsor Senator Gary Peters (D-MI). The bill was
referred to the Committee on Homeland Security and Governmental
Affairs.
The Committee considered S. 679 at a business meeting on
March 29, 2023. At the business meeting, the bill was ordered
reported favorably by roll call vote of 11 yeas to 0 nays, with
Senators Peters, Hassan, Rosen, Padilla, Ossoff, Blumenthal,
Paul, Lankford, Romney, Scott, and Hawley voting in the
affirmative, and with Senators Carper, Sinema, Johnson, and
Marshall voting yea by proxy, for the record only.
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 2023.''
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
S. 679 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 2023-2028 period; any spending would be subject to the
availability of appropriated funds.
Enacting S. 679 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.
Phillip L. Swagel,
Director, Congressional Budget Office.
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, replaced, amended, or
otherwise made ineffective.
* * * * * * *
[all]