I 
116TH CONGRESS 
2D SESSION 
H. R. 8006 
To direct the Comptroller General of the United States to issue regulatory 
scorecards to agencies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 11, 2020 
Mr. GOSAR introduced the following bill; which was referred to the Committee 
on Oversight and Reform, and in addition to the Committee on the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To direct the Comptroller General of the United States to 
issue regulatory scorecards to agencies, 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 ‘‘Regulatory Report 
Card Act’’. 
SEC. 2. REGULATORY SCORECARD. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this section, and every 2 years 
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thereafter, the Comptroller General shall issue to each 
agency, and provide contemporaneously to the Committee 
on Oversight and Reform of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate, a regulatory scorecard that 
assesses the regulatory activities conducted by each such 
agency— 
(1) over the life of each such agency; and 
(2) in prior 2 years. 
(b) PUBLIC PUBLICATION.—Not later than 1 month 
after scorecard is issued under subsection (a), such score-
card shall be made available to the public on a website 
of the Comptroller General. 
(c) REQUIREMENT TO TESTIFY.—Except as provided 
by the Chair of the Committee on Oversight and Reform 
of the House of Representatives or the Chair of the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate, as applicable, not later than 6 months after 
the scorecard is made available to the public under sub-
section (a), an official who oversees the regulatory policy 
of an agency, or a spokesperson of that agency, shall tes-
tify to the Committee on Oversight and Reform of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate 
on— 
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(1) the most recent regulatory scorecard issued 
for the agency; and 
(2) any action taken by the agency to improve 
such scorecard. 
(d) REGULATIONS.—The Comptroller General may 
issue regulations as may be necessary to carry out this 
section. 
(e) DEFINITIONS.—In this section: 
(1) ADMINISTRATIVE
PROCEDURE
ACT.—The 
term ‘‘Administrative Procedure Act’’ means sub-
chapter II of chapter 5 of title 5, United States 
Code. 
(2) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(3) 
COMPTROLLER
GENERAL.—The 
term 
‘‘Comptroller General’’ means the Comptroller Gen-
eral of the United States. 
(4) COVERED QUESTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘covered question’’ 
means a question as follows: 
(i) Is your agency in compliance with 
Executive Order 13771 (requiring agencies 
to remove two regulations for every one 
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proposed regulation), or any successor 
order? 
(ii) Is your agency in compliance with 
Executive Order 13777 (requiring regu-
latory reform officer and task force for 
each agency), or any successor order? 
(iii) Does your agency estimate and 
publicly disclose— 
(I) the estimated annual cost to 
the overall economy of the United 
States of all regulations issued by 
agency, including any guidance docu-
ment issued by the agency; and 
(II) the annual cost to the agen-
cy of enforcing such regulations? 
(iv) Are all formal regulations issued 
after the date of the enactment of this Act 
but within the prior 2 years, under sec-
tions 556 and 557 of title 5, United States 
Code, in compliance with the Administra-
tive Procedure Act? 
(v) Are all hybrid regulations issued 
after the date of the enactment of this Act 
but within the prior 2 years, under section 
553 of title 5, United States Code, in com-
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pliance with the Administrative Procedure 
Act, and any other procedural require-
ments under applicable law? 
(vi) Are all informal regulations 
issued after the date of the enactment of 
this Act but within the prior 2 years, 
under section 553 of title 5, United States 
Code, in compliance with the Administra-
tive Procedure Act? 
(vii) Does your agency publicly dis-
close all regulatory guidance in a central-
ized web-based location? 
(viii) Does your agency submit a copy 
of a regulation to Congress and the Comp-
troller General, in accordance with chapter 
8 of title 5, United States Code (commonly 
known as the ‘‘Congressional Review 
Act’’)? 
(ix) Does your agency include sunset 
provisions on a majority of regulations 
issued after the date of the enactment of 
this Act but within the prior 2 years? 
(x) Does your agency publicly disclose 
the cost incurred by States and municipali-
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ties in complying with regulations issued 
by the agency? 
(xi) Does your agency submit all sig-
nificant regulatory actions to the Office of 
Information and Regulatory Affairs for re-
view in compliance with Executive Order 
12866, or any successor order? 
(xii) Does your agency allow for pub-
lic notice and comment on regulatory guid-
ance? 
(xiii) Does your agency submit copies 
of regulatory guidance to Congress and the 
Comptroller General? 
(B) DISCRETION.—The following shall not 
be considered a covered question if the Execu-
tive order that is the subject of the question is 
rescinded: 
(i) The question described under 
clause (i). 
(ii) The question described under 
clause (ii). 
(iii) The question described under 
clause (xi). 
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(5) ECONOMIC IMPACT SCORE.—The term ‘‘eco-
nomic impact score’’ means a score calculated by the 
Comptroller General on the basis of— 
(A) the ongoing impact score, calculated 
by— 
(i) determining the total estimated 
cost incurred by individuals and entities 
over the life of the agency in complying 
with regulations issued by the agency; and 
(ii) dividing such cost by the total 
number of regulations issued by the agency 
over the life of the agency; and 
(B) the term economic impact score, cal-
culated by— 
(i) determining the total estimated 
cost incurred by individuals and entities in 
the prior two years in complying with regu-
lations issued by the agency; and 
(ii) dividing such cost by the total 
number of regulations issued by the agency 
in the prior two years. 
(6) GUIDANCE DOCUMENT.—The term ‘‘guid-
ance document’’— 
(A) means an agency statement of general 
applicability (other than a regulation that has 
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the force and effect of law promulgated in ac-
cordance with the notice and public procedure 
under section 553 of title 5, United States 
Code) that— 
(i) does not have the force and effect 
of law; and 
(ii) sets forth— 
(I) an agency decision or a policy 
on a statutory, regulatory, or tech-
nical issue; or 
(II) an interpretation of a statu-
tory or regulatory issue; and 
(B) may include any of the following: 
(i) A memorandum. 
(ii) A notice. 
(iii) A bulletin. 
(iv) A directive. 
(v) A news release. 
(vi) A letter. 
(vii) A blog post. 
(viii) A no-action letter. 
(ix) A speech by an agency official. 
(x) An advisory. 
(xi) A manual. 
(xii) A circular. 
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(xiii) Any combination of the items 
described in clauses (i) through (xii). 
(7) REGULATION.—The term ‘‘regulation’’— 
(A) means an agency statement of general 
applicability and future effect, which the agency 
intends to have the force and effect of law, that 
is designed to implement, interpret, or prescribe 
law or policy or to describe the procedure or 
practice requirements of an agency; 
(B) includes regulations issued pursuant 
to— 
(i) an informal rulemaking under sec-
tion 553 of title 5, United States Code; 
(ii) a formal rulemaking under sec-
tions 556 and 557 of title 5, United States 
Code; and 
(iii) any combination of the informal 
rulemaking described in clause (i) and the 
formal rulemaking described in clause (ii); 
and 
(C) does not include— 
(i) regulations that pertain to a mili-
tary or foreign affairs function of the 
United States, other than procurement 
regulations and regulations involving the 
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import or export of non-defense articles 
and services; 
(ii) regulations or regulations that are 
limited to agency organization, manage-
ment, or personnel matters; or 
(iii) any other category of regulations 
exempted by the Administrator of Office of 
Information and Regulatory Affairs. 
(8) REGULATORY
POLICY
SCORE.—The term 
‘‘regulatory policy score’’ means a score calculated 
by the Comptroller General by— 
(A) adding one point for each affirmative 
answer provided by an agency to a covered 
question; and 
(B) dividing the total number of points 
added under subparagraph (A) by the total 
number of covered questions for which answers 
are provided by the agency. 
(9) REGULATORY SCORECARD.—The term ‘‘reg-
ulatory scorecard’’ means a scorecard that provides 
an A, B, C, D, or F grade for the regulatory activi-
ties of an agency, determined by the Comptroller 
General only on the basis of the number that is the 
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average of the regulatory policy score for such agen-
cy and the economic impact score for such agency. 
Æ 
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