I
106TH CONGRESS
2D SESSION
H. R. 4744
To require the General Accounting Office to report to Congress on
economically significant rules of Federal agencies, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2000
Mrs. KELLY (for herself and Mr. MCINTOSH) introduced the following bill;
which was referred to the Committee on Government Reform
A BILL
To require the General Accounting Office to report to Con-
gress on economically significant rules of Federal agen-
cies, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Truth in Regulating
Act of 2000’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) many Federal regulations have improved
the quality of life of the American public, however,
uncontrolled increases in regulatory costs and lost
opportunities for better regulation should not be
continued;
(2) the legislative branch has a responsibility to
ensure that laws passed by Congress are properly
implemented by the executive branch; and
(3) in order for the legislative branch to fulfill
its responsibilities to ensure that laws passed by
Congress are implemented in an efficient, effective,
and fair manner, the Congress requires accurate and
reliable information on which to base decisions.
(b) PURPOSES.—The purposes of this Act are to—
(1) increase the transparency of important reg-
ulatory decisions;
(2) promote effective congressional oversight to
ensure that agency rules fulfill statutory require-
ments in an efficient, effective, and fair manner; and
(3) increase the accountability of Congress and
the agencies to the people they serve.
SEC. 3. DEFINITIONS.
In this Act, the term—
(1) ‘‘agency’’ has the meaning given such term
under section 551(1) of title 5, United States Code;
(2) ‘‘economically significant rule’’ means any
proposed or final rule, including an interim or direct
final rule, that may have an annual effect on the
economy of $100,000,000 or more or adversely af-
fect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the envi-
ronment, public health or safety, or State, local, or
tribal governments or communities, or for which an
agency has prepared an initial or final regulatory
flexibility analysis pursuant to section 603 or 604 of
title 5, United States Code; and
(3) ‘‘independent evaluation’’ means a sub-
stantive evaluation of the agency’s and the public’s
data, methodology, and assumptions used in devel-
oping the economically significant rule, and any ad-
ditional evaluation that the Comptroller General de-
termines to be necessary, including—
(A) an explanation of how any strengths or
weaknesses in those data, methodology, and as-
sumptions support or detract from conclusions
reached by the agency; and
(B) the implications, if any, of those
strengths or weaknesses for the rulemaking.
SEC. 4. REPORT ON RULES.
(a) IN GENERAL.—
(1) REQUEST FOR REVIEW.—When an agency
publishes an economically significant rule, a chair-
man or ranking member of a committee of jurisdic-
tion of either House of Congress may request the
Comptroller General of the United States to review
the rule.
(2) REPORT.—The Comptroller General shall
submit a report on each economically significant rule
selected under paragraph (4) to the committees of
jurisdiction in each House of Congress not later
than 180 calendar days after a committee request is
received, or in the case of a request for review of a
notice of proposed rulemaking or an interim final
rulemaking, by not later than the end of the 60-cal-
endar-day period beginning on the date the com-
mittee request is received, or the end of the period
for submission of comment regarding the rule-
making, whichever is later. The report shall include
an independent evaluation of the economically sig-
nificant rule by the Comptroller General.
(3) INDEPENDENT
EVALUATION.—The inde-
pendent evaluation of the economically significant
rule by the Comptroller General under paragraph
(2) shall include—
(A) an evaluation of the potential benefits
of the rule, including any beneficial effects that
cannot be quantified in monetary terms and the
identification of the persons or entities likely to
receive the benefits;
(B) an evaluation of the potential costs of
the rule, including any adverse effects that can-
not be quantified in monetary terms and the
identification of the persons or entities likely to
bear the costs;
(C) an evaluation of any alternative ap-
proaches that could achieve the same goal in a
more cost-effective manner or that could pro-
vide greater net benefits, and, if applicable, a
brief explanation of any statutory reasons why
such alternatives could not be adopted;
(D) an evaluation of the regulatory impact
analysis, federalism assessment, or other anal-
ysis or assessment prepared by the agency or
required for the economically significant rule;
and
(E) a summary of the results of the eval-
uation of the Comptroller General and the im-
plications of those results, including an evalua-
tion of any changes from the proposed rule
made by the agency in the final rule.
(4) PROCEDURES
FOR
PRIORITIES
OF
RE-
QUESTS.—In consultation with the Majority and Mi-
nority Leaders of the Senate and the Speaker and
Minority Leader of the House of Representatives,
the Comptroller General shall develop procedures for
determining the priority and number of those re-
quests for review under paragraph (1) that will be
reported under paragraph (2). The procedures shall
give the highest priority to requests regarding a no-
tice of proposed rulemaking, and to requests regard-
ing an interim final rulemaking.
(b) AUTHORITY OF COMPTROLLER GENERAL.—Each
agency shall promptly cooperate with the Comptroller
General in carrying out this Act. Nothing in this Act is
intended to expand or limit the authority of the General
Accounting Office.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Gen-
eral Accounting Office to carry out this Act $5,200,000
for each of fiscal years 2001 through 2003.
SEC. 6. EFFECTIVE DATE; SUNSET PROVISION.
(a) EFFECTIVE DATE.—This Act shall take effect
180 days after the date of enactment of this Act.
(b) SUNSET PROVISION.—This Act shall not apply
with respect to rules published on or after the date that
is 3 years after the effective date of this Act.
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