Congressional Accountability for Regulatory Information Act of 2000 (Introduced in the House January 24, 2000) 106th CONGRESS 2d Session H. R. 3521 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 HOUSE OF REPRESENTATIVES January 24, 2000 Mr. MCINTOSH introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Government Reform, 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 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Congressional Accountability for Regulatory Information Act of 2000'. SEC. 2. 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; (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; and (4) the legal effect of many Federal agency guidance documents and other Federal agency statements that are not published in the Code of Federal Regulations is often not clear to the affected public. SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE. (a) IN GENERAL- Section 801(a)(2) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: `(B)(i) After an agency publishes a regulatory action, a committee of either House of Congress with legislative or oversight jurisdiction relating to the action may request the Comptroller General to review the action under clause (ii). `(ii) Of requests made under clause (i), the Comptroller General shall provide a report on each regulatory action selected under clause (iv) to the committee which requested the report (and the committee of jurisdiction in the other House of Congress)-- `(I) except as provided in subclause (II), by not later than 180 calendar days after the committee request is received; or `(II) in the case of a request for review of a notice of proposed rule making or an interim final rule making, by not later than the end of the 60-calendar-day period beginning on the date the committee 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 analysis of the regulatory action by the Comptroller General using any relevant data or analyses available to or generated by the General Accounting Office. `(iii) The independent analysis of the regulatory action by the Comptroller General under clause (ii) shall include-- `(I) an analysis by the Comptroller General of the potential benefits of the regulatory action, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; `(II) an analysis by the Comptroller General of the potential costs of the regulatory action, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; `(III) an analysis by the Comptroller General of any alternative regulatory approaches that could achieve the same goal in a more cost-effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; `(IV) an analysis of the extent to which the regulatory action would affect State or local governments; and `(V) a summary of how the results of the Comptroller General's analysis differ, if at all, from the results of the analyses of the agency in promulgating the regulatory action. `(iv) In consultation with the Majority and Minority 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 requests for review under clause (i) that will be reported under clause (ii). The procedures shall give the highest priority to requests regarding a notice of proposed rule making for a major rule, and to requests regarding an interim final rule making for a major rule. `(C) Federal agencies shall cooperate with the Comptroller General by promptly providing the Comptroller General with such records and information as the Comptroller General determines necessary to carry out this section.'. (b) DEFINITIONS- Section 804 of title 5, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; (2) by inserting after paragraph (1) the following: `(2) The term `independent analysis' means a substantive review of the agency's underlying assessments and assumptions used in developing the regulatory action and any additional analysis the Comptroller General determines to be necessary.'; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1) of this subsection) the following: `(4) The term `regulatory action' means-- `(A) notice of proposed rule making; `(B) final rule making, including interim final rule making; or `(C) a rule.'. SEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS. (a) IN GENERAL- Chapter 8 of title 5, United States Code, is amended by inserting after section 803 the following: `Sec. 803a. Notice of nonbinding effect of agency guidance `The head of an agency shall include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect (or both), as applicable, and is not binding on the public.'. (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 8 of title 5, United States Code, is amended by inserting after the item relating to section 803 the following: `803a. Notice of nonbinding effect of agency guidance.'. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out chapter 8 of title 5, United States Code, $5,200,000 for each of fiscal years 2000 through 2003. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.