[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8006 Introduced in House (IH)]
<DOC>
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 Judiciary, 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 Representatives 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 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
Governmental 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 scorecard 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 Committee 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 subsection (a), an
official who oversees the regulatory policy of an agency, or a
spokesperson of that agency, shall testify to the Committee on
Oversight and Reform of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate on--
(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 subchapter 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 General 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 proposed
regulation), or any successor order?
(ii) Is your agency in compliance with
Executive Order 13777 (requiring regulatory
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 document
issued by the agency; and
(II) the annual cost to the agency
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 sections 556
and 557 of title 5, United States Code, in
compliance with the Administrative 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 compliance with
the Administrative Procedure Act, and any other
procedural requirements 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 Administrative Procedure Act?
(vii) Does your agency publicly disclose
all regulatory guidance in a centralized web-
based location?
(viii) Does your agency submit a copy of a
regulation to Congress and the Comptroller
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 municipalities in
complying with regulations issued by the
agency?
(xi) Does your agency submit all
significant regulatory actions to the Office of
Information and Regulatory Affairs for review
in compliance with Executive Order 12866, or
any successor order?
(xii) Does your agency allow for public
notice and comment on regulatory guidance?
(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 Executive 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).
(5) Economic impact score.--The term ``economic 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, calculated by--
(i) determining the total estimated cost
incurred by individuals and entities in the
prior two years in complying with regulations
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 ``guidance document''--
(A) means an agency statement of general
applicability (other than a regulation that has the
force and effect of law promulgated in accordance 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
technical issue; or
(II) an interpretation of a
statutory 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.
(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 section
553 of title 5, United States Code;
(ii) a formal rulemaking under sections 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 military
or foreign affairs function of the United
States, other than procurement regulations and
regulations involving the import or export of
non-defense articles and services;
(ii) regulations or regulations that are
limited to agency organization, management, 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 ``regulatory
scorecard'' means a scorecard that provides an A, B, C, D, or F
grade for the regulatory activities of an agency, determined by
the Comptroller General only on the basis of the number that is
the average of the regulatory policy score for such agency and
the economic impact score for such agency.
<all>
Regulatory Report Card Act
#8006 | HR Congress #116
Policy Area: Government Operations and Politics
Last Action: Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, 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. (8/11/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text