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B-281575 1 (1999-01-20)

handle is hein.gao/gaobablyo0001 and id is 1 raw text is: United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-281575 January 20, 1999 The Honorable David M. McIntosh Chairman, Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs Committee on Government Reform House of Representatives Dear Mr. Chairman: This letter is in response to your letter of September 1, 1998, requesting our views on whether Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits (Interim Guidance) issued by the Environmental Protection Agency (EPA) is a rule under the Congressional Review Act (CRA) portion of the Small Business Regulatory Enforcement Fairness Act (SBREFA) (5 U.S.C. § 801 et seo.). For the reasons which follow, we find that the document is a rule and should be submitted in accordance with the requirements of SBREFA. Rules Subject to Congressional Review Chapter 8 of title 5, United States Code, entitled Congressional Review of Agency Rulemaking, is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. The requirements of ch. 8 take precedence over any other provision of law.' Section 801(a)(1) provides that before a rule becomes effective, the agency promulgating the rule must submit to each House of Congress and to the Comptroller General a report containing: (i) a copy of the rule; (ii) a concise general statement relating to the rule, including whether it is a major rule; and (iii) the proposed effective date of the rule. On the date the report is submitted, the agency also must submit to the Comptroller General and make available to each House of Congress certain other documents, including a cost- benefit analysis, if any, and agency actions relevant to the Regulatory Flexibility Act, 15 U.S.C. § 806(a) provides that: This chapter shall apply notwithstanding any other provision of law.

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