B-163628 L/M, JUL 29, 1981, OFFICE OF GENERAL COUNSEL

B-163628 L/M, JUL 29, 1981, OFFICE OF GENERAL COUNSEL

DIGEST: UPON REVIEW OF PROPOSED 5 U.S.C. SEC. 625, WHICH WOULD BE ADDED BY REGULATORY PROCEDURE ACT OF 1981 (H.R. 746, 97TH CONG.) AND WOULD REQUIRE COMPTROLLER GENERAL TO ASSUME CONTINUING REVIEW OF AGENCY RULE MAKING AND REGULATORY ANALYSES, ACTING GENERAL COUNSEL CONCLUDES NEW PROVISIONS ARE NOT NECESSARY. COMPTROLLER GENERAL COULD CONDUCT NECESSARY STUDIES AND REPORT TO CONGRESS ON AGENCY RULE MAKING PROCEDURES UNDER SECTION 204 OF LEGISLATIVE REORGANIZATION ACT OF 1970 (31 U.S.C. SEC. 1154).

ROBERT MCCLORY, HOUSE OF REPRESENTATIVES:

IN RESPONSE TO YOUR REQUEST OF JULY 20, 1981, I HAVE REVIEWED PROPOSED NEW SECTION 625, WHICH WOULD BE ADDED TO TITLE 5 OF THE U.S.C. BY H.R. 746, 97TH CONG., THE REGULATORY PROCEDURE ACT OF 1981. I HAVE COMPARED THE RELEVANT PROVISIONS OF THIS PROPOSED SECTION WHICH SPECIFICALLY REQUIRE THE COMPTROLLER GENERAL TO ASSUME CONTINUING REVIEW OF AGENCY RULE MAKING AND REGULATORY ANALYSES, WITH GAO'S EXISTING AUTHORITY.

THE NEW PROVISIONS ARE NOT NECESSARY TO CARRY OUT THE REVIEWS AND ANALYSES REQUIRED BY H.R. 746. THE COMPTROLLER GENERAL COULD CONDUCT THE NECESSARY STUDIES AND REPORT TO THE CONGRESS ON AGENCY RULE MAKING PROCEEDINGS UNDER AUTHORITY OF SECTION 204 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970 (31 U.S.C. SEC. 1154). THIS SECTION REQUIRES THE COMPTROLLER GENERAL TO REVIEW AND EVALUATE EXISTING GOVERNMENT ACTIVITIES AND PROGRAMS UPON HIS OWN INITIATIVE OR WHEN REQUESTED BY CONGRESS OR BY ANY CONGRESSIONAL COMMITTEE HAVING JURISDICTION OVER THE PROGRAM OR ACTIVITY IN QUESTION. HE IS ALSO REQUIRED, UPON REQUEST BY EITHER HOUSE OF CONGRESS OR A CONGRESSIONAL COMMITTEE TO PROVIDE ASSISTANCE "IN ANALYZING AND ASSESSING PROGRAM REVIEWS OR EVALUATION STUDIES PREPARED BY AND FOR ANY FEDERAL AGENCY."

I HOPE THIS INFORMATION WILL BE USEFUL TO YOU.