II

106TH CONGRESS

1ST SESSION S. 1198

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, and Mr. LOTT) introduced the following

bill; which was read twice and referred to the Committee on Governmental Affairs

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Congressional Ac5 countability for Regulatory Information Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

•S 1198 IS

1 (1) many Federal regulations have improved

2 the quality of life of the American public, however,

3 uncontrolled increases in regulatory costs and lost

4 opportunities for better regulation cannot be contin5 ued;

6 (2) the legislative branch has a responsibility to

7 ensure that laws passed by Congress are properly

8 implemented by the executive branch; and

9 (3) in order for the legislative branch to fulfill

10 its responsibilities to ensure that laws passed by

11 Congress are implemented in an efficient, effective,

12 and fair manner, the Congress requires accurate and

13 reliable information on which to base decisions.

14 SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GEN15 ERAL ACCOUNTING OFFICE.

16 (a) IN GENERAL.—Section 801(a)(2) of title 5,

17 United States Code, is amended by striking subparagraph

18 (B) and inserting the following:

19 ‘‘(B)(i) After an agency publishes a regulatory action,

20 a committee of either House of Congress with legislative

21 or oversight jurisdiction relating to the action may request

22 the Comptroller General to review the action under clause

23 (ii).

24 ‘‘(ii) Of requests made under clause (i), the Comp25 troller General shall provide a report on each regulatory
3

•S 1198 IS

1 action selected under clause (iv) to the committee which

2 requested the report (and the committee of jurisdiction in

3 the other House of Congress) not later than 180 calendar

4 days after the committee request is received. The report

5 shall include an independent analysis of the regulatory ac6 tion by the Comptroller General using any relevant data

7 or analyses available to or generated by the General Ac8 counting Office.

9 ‘‘(iii) The independent analysis of the regulatory ac10 tion by the Comptroller General under clause (ii) shall

11 include—

12 ‘‘(I) an analysis by the Comptroller General of

13 the potential benefits of the regulatory action, in14 cluding any beneficial effects that cannot be quan15 tified in monetary terms and the identification of

16 those likely to receive the benefits;

17 ‘‘(II) an analysis by the Comptroller General of

18 the potential costs of the regulatory action, including

19 any adverse effects that cannot be quantified in

20 monetary terms and the identification of those likely

21 to bear the costs;

22 ‘‘(III) an analysis by the Comptroller General

23 of any alternative regulatory approaches, which have

24 been identified, that could achieve the same goal in

25 a more cost-effective manner or that could provide
4

•S 1198 IS

1 greater net benefits, and, if applicable, a brief expla2 nation of any statutory reasons why such alter3 natives could not be adopted;

4 ‘‘(IV) an analysis of the extent to which the

5 regulatory action would affect State or local govern6 ments; and

7 ‘‘(V) a summary of how the results of the

8 Comptroller General’s analysis differ, if at all, from

9 the results of the analyses of the agency in promul10 gating the regulatory action.

11 ‘‘(iv) In consultation with the Majority and Minority

12 Leaders of the Senate and the Speaker and Minority

13 Leader of the House of Representatives, the Comptroller

14 General shall develop procedures for determining the pri15 ority and number of those requests for review under clause

16 (i) that will be reported under clause (ii).

17 ‘‘(C) Federal agencies shall cooperate with the Comp18 troller General by promptly providing the Comptroller

19 General with such records and information as the Comp20 troller General determines necessary to carry out this sec21 tion.’’.

22 (b) DEFINITIONS.—Section 804 of title 5, United

23 States Code, is amended—

24 (1) by redesignating paragraphs (2) and (3) as

25 paragraphs (3) and (5), respectively;
5

•S 1198 IS

1 (2) by inserting after paragraph (1) the fol2 lowing:

3 ‘‘(2) The term ‘independent analysis’ means a

4 substantive review of the agency’s underlying assess5 ments and assumptions used in developing the regu6 latory action and any additional analysis the Comp7 troller General determines to be necessary.’’; and

8 (3) by inserting after paragraph (3) (as redesig9 nated by paragraph (1) of this subsection) the fol10 lowing:

11 ‘‘(4) The term ‘regulatory action’ means—

12 ‘‘(A) notice of proposed rule making;

13 ‘‘(B) final rule making, including interim

14 final rule making; or

15 ‘‘(C) a rule.’’.

16 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated to the Gen18 eral Accounting Office to carry out chapter 8 of title 5,

19 United States Code, $5,200,000 for each of fiscal years

20 2000 through 2003.

21 SEC. 5. EFFECTIVE DATE.

22 This Act and the amendments made by this Act shall

23 take effect 180 days after the date of enactment of this

24 Act.

Æ