[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

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



 
                 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

              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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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]