text: 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.
target: Requires the head of an agency to 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, as applicable, and is not binding on the public.
  Authorizes appropriations.
feat_title: Congressional Accountability for Regulatory Information Act of 2000