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COMMITTEE ON
GOVERNMENTAL AFFAIRS
WASHINGTON, DC 20510-6250

FOR IMMEDIATE RELEASE CONTACT: Pam Lambo, 202.224.7484
MAY 10, 2000 Harvey Valentine, 202.224.4944


SENATE UNANIMOUSLY APPROVES TRUTH IN REGULATING ACT
Act provides access to info that agencies use to make regulations


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(Washington, DC) - Senate Governmental Affairs Committee Chairman Fred Thompson (R-TN) announced that yesterday evening the Senate unanimously approved important regulatory reform legislation, the Truth in Regulating Act, which will help Congress and the public get access to important information that federal agencies use to make regulatory decisions.

"The public's confidence in government remains low," said Senator Thompson. "Some of that lack of trust is because our regulatory process is missing important opportunities to achieve greater benefits at less cost."

The legislation, S. 1198, will establish a 3-year pilot project to support Congressional oversight to ensure that important regulatory decisions are efficient, effective, and fair. Under the legislation, a Committee Chairman or Ranking Member of either House of Congress may request the General Accounting Office (GAO) to review the cost-benefit analysis or risk assessment that is the basis of a proposed major regulation. The GAO shall submit a report on the regulation no later than 180 calendar days after a committee request is received This will help Congress to engage in oversight to ensure that the regulation ultimately is sensible and consistent with Congressional intent.

"Through the GAO, which serves as Congress' eyes and ears, this legislation will give Congress and the public the ability to see how government works, or doesn't," continued Senator Thompson "This will make the regulatory process more clear, more accountable, and more democratic."

The Governmental Affairs Committee has reviewed and developed a voluminous record showing that our regulatory process is not working as well as intended. The GAO has done important studies for the Committee and others showing that agency practices in cost-benefit analysis, risk assessment, and in meeting transparency and disclosure requirements of laws and executive orders need significant improvement.

  On November 3, 1999, the Truth in Regulating Act was unanimously approved by the full Governmental Affairs Committee. A Thompson/Lieberman amendment was approved as a substitute to S. 1198, a bill introduced by Senator Richard Shelby (R-AL) in June 1999.


Summary of S. 1198 - Truth in Regulating Act of 1999

SECTION 1. Short Title. The "Truth in Regulating Act of 1999."

SECTION 2. Purposes. The purposes of this Act are to: (1) increase the transparency of important regulatory decisions; (2) promote effective congressional oversight to ensure that agency rules fulfill statutory requirements in an efficient, effective and fair manner; and (3) increase the accountability of Congress and the agencies to the people they serve,

SECTION 3. Definitions. "Agency" has the same meaning given such term under section 551 (1) of title 5, United States Code, "'Economically significant rule" is any rule that may have an annual effect on the economy of $100 million or adversely affect the economy. "Independent evaluation" means a substantive evaluation of the agency's data, methodology, and assumptions used in developing the rule, including an explanation of how any strengths and weaknesses in the data, methodology, or assumptions support or detract from conclusions reached by the agency and the implications of those strengths and weaknesses.

SECTION 4. Pilot Project for Report on Rules. Under the 3-year pilot project established by this legislation, a committee of either House of Congress may request the Comptroller General to conduct an independent evaluation of the agency analyses of any proposed or final economically significant rule. The Comptroller General shall submit a report no later than 180 calendar days after a committee request is received. The Comptroller General's evaluation of the rule shall include the following: an evaluation of the agency's analysis of the potential benefits of the rule; an evaluation of the agency's analysis of the potential costs of the rule; an evaluation of the agency's analysis of alternative approaches as well as of any cost-benefit analysis, risk assessment, federalism assessment. or other analysis or assessment prepared by the agency or required for the rule; and a summary of the results of the evaluation and the implications of those results. The Comptroller General will have the discretion to develop the procedures for determining the priority and number of requests.

SECTION 5. Authorization of Appropriations. For FY 2000 to FY 2002, Congress shall appropriate to the General Accounting Office $5,200.000 to carry out this Act.

SECTION 6. Effective Date and Duration of Pilot Project. This Act will take effect 90 days after the date of enactment and continue for a period of 3 years. Before the conclusion of the 3-year period, the Comptroller General will submit to Congress a report reviewing the effectiveness of the pilot project and recommending whether or not Congress should permanently authorize the pilot project.