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103D CONGRESS

1ST SESSION H. R. 1088

To require analysis and estimates of the likely impact of Federal legislation

and regulations upon small businesses, the private sector, and State

and local governments, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. BAKER of Louisiana (for himself and Mr. HAYES) introduced the following bill; which was referred jointly to the Committees on Government Operations and Rules

A BILL

To require analysis and estimates of the likely impact of

Federal legislation and regulations upon small businesses, the private sector, and State and local governments, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Small Business and

5 Private Economic Sector Impact Act’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—
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1 (1) Federal regulation is projected to cost

2 $542,000,000,000 by the year 2000;

3 (2) the 1990 United States merchandise trade

4 deficit was $65,400,000,000;

5 (3) excessive Federal regulation and mandates

6 increase the cost of doing business and thus hinder

7 economic growth and employment opportunities; and

8 (4) State and local governments are forced to

9 absorb the cost of unfunded Federal mandates.

10 (b) PURPOSE.—The purpose of this Act is to—

11 (1) ensure that the American people are fully

12 apprised of the impact of Federal legislative and

13 regulatory activity on economic growth and employ14 ment;

15 (2) require both the Congress and the executive

16 branch to acknowledge and to take responsibility for

17 the fiscal and economic effects of legislative and reg18 ulatory actions and activities;

19 (3) to provide a means to ensure congressional

20 or executive branch action is focused on enhancing

21 economic growth and providing increasing job oppor22 tunities for Americans; and

23 (4) to protect against congressional or executive

24 branch action which hinders economic growth or

25 eliminates jobs for the American people.
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1 SEC. 3. ECONOMIC AND EMPLOYMENT IMPACT STATE2 MENTS.

3 (a) PREPARATION.—The Comptroller General of the

4 United States shall prepare an economic and employment

5 impact statement, as described in subsection (b), to ac6 company each bill, resolution, or conference report re7 ported by any committee of the House of Representatives

8 or the Senate or considered on the floor of either House.

9 (b) CONTENTS.—Except as provided in subsection

10 (c), the economic and employment impact statement re11 quired by subsection (a) shall—

12 (1) state the extent to which enactment of the

13 bill, resolution, or conference report would result in

14 increased costs to the private sector, individuals, or

15 State and local governments; and

16 (2) include, at a minimum, a detailed assess17 ment of the annual impact of the bill, resolution, or

18 conference report (projected annually over a 5-year

19 period from its effective date, and, to the extent fea20 sible, expressed in each case in monetary terms)

21 on—

22 (A) costs to United States consumers;

23 (B) costs to United States business;

24 (C) national employment;

25 (D) the ability of United States industries

26 to compete internationally;
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1 (E) affected State and local governments,

2 fiscal and otherwise;

3 (F) outlays and revenues by the Federal

4 Government as compared to outlays and reve5 nues for the same activity in the current fiscal

6 year (as reported by the Congressional Budget

7 Office); and

8 (G) impact on Gross Domestic Product.

9 (c) EXCEPTION.—The economic and employment im10 pact statement required by subsection (a) may consist of

11 a brief summary assessment in lieu of the detailed assess12 ment set forth in subsection (b) if preliminary analysis in13 dicates that the aggregate effect of the bill, resolution, or

14 conference report as measured by the criteria set forth in

15 subparagraphs (A) through (G) of subsection (b) is less

16 than $100,000,000 or 10,000 jobs in national employ17 ment.

18 (d) STATEMENT WITH ALL LEGISLATION.—The eco19 nomic and employment impact statement required by this

20 section shall accompany each bill, resolution, or conference

21 report before such bill, resolution, or conference report

22 may be reported or otherwise considered on the floor of

23 either House.
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1 SEC. 4. POINT OF ORDER IN HOUSE OR SENATE.

2 (a) RULE.—It shall not be in order in either the

3 House of Representatives or the Senate to consider on the

4 floor any bill, resolution, or conference report, whether or

5 not reported by any committee of the House of Represent6 atives or the Senate, unless that bill, resolution, or con7 ference report includes the economic and employment im8 pact statement required by section 3.

9 (b) WAIVER.—A point of order made under this sec10 tion may be waived in the Senate by a three-fifths affirma11 tive vote of Senators, duly chosen and sworn, and in the

12 House of Representatives by a three-fifths affirmative vote

13 of Members, duly chosen and sworn.

14 SEC. 5. EXECUTIVE REGULATIONS.

15 Each regulation and proposed regulation promul16 gated by a Federal department or executive agency shall

17 be accompanied by an economic and employment impact

18 statement prepared, in accordance with subsection (b) of

19 section 3, by the department or agency promulgating the

20 regulation or proposed regulation. The economic and em21 ployment impact statement shall be published in the Fed22 eral Register together with such regulation or proposed

23 regulation.
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1 SEC. 6. PROVISION FOR NATIONAL SECURITY EMERGENCY

2 WAIVER.

3 (a) CONGRESSIONAL ECONOMIC IMPACT STATE4 MENTS.—The Congress may waive the requirements of

5 section 3 at any time in which a declaration of war is in

6 effect, or in response to a national security emergency at

7 the request of the President.

8 (b) EXECUTIVE REGULATIONS.—The President may

9 waive the requirements of section 5 at any time in which

10 a declaration of war is in effect, or in response to a na11 tional security emergency as determined by the President

12 in consultation with Congress.

13 SEC. 7. REPEAL OF SENATE RULE.

14 Paragraph 11 of rule XXVI of the Standing Rules

15 of the Senate is repealed.

16 SEC. 8. EFFECTIVE DATE.

17 This Act shall take effect 30 days after the date of

18 enactment of the Act.

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