Emerging Regulatory Issues

CRE Recommendations Proposed in Regulatory Information Presentation Act of 1998

CRE has long recommended in its various Regulatory Report Cards that the public would benefit by clearer analyses and better documentation of compliance with Good Government laws when agencies propose rules and report other regulatory actions in the Federal Register. CRE is pleased to note that Congress has also taken notice of this issue and has proposed legislation designed to deal with the problem.

On June 25, 1998 (105th Cong., 2d Sess.), Rep. Helen Chenoweth introduced H.R. 4162, the "Regulatory Information Presentation Act of 1998." That legislation would direct the Office of the Federal Register to develop a uniform format which agencies would use to present, in a consistent and informative manner, the analytical information supporting a proposed and final rulemaking action determined to be "significant" or "major."

The bill specified the topics that should be covered in the format. Those topics are ones that track closely the analytical requirements of Executive Order 12866, including need, scope of legal authority, alternative considered, rationale for alternative selected, costs, impacts, benefits, and significant issues raised in public comments.

The bill was introduced for the purpose of comment and to present the issues for debate; it was not actively sponsored for enactment at that time and expired at the end of the 105th Congress. In remarks after introduction, Rep. Chenoweth also noted that the bill was consistent with a recent GAO report and recommendations to make agency regulatory analyses more transparent.

CRE is pleased to note that Congress has also taken notice of this issue and encourages adoption of H.R. 4162 or similar legislation.