I
105TH CONGRESS
1ST SESSION
H. R. 1704
To establish a Congressional Office of Regulatory Analysis.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mrs. KELLY (for herself and Mr. TALENT) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Government Reform and Oversight, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish a Congressional Office of Regulatory Analysis.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Office
of Regulatory Analysis Creation Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) Federal regulations have had a positive im-
pact in protecting the environment and the health
and safety of all Americans; however, uncontrolled
increases in the costs that regulations place on the
economy cannot be sustained;
(2) the legislative branch has a responsibility to
see that the laws it passes are properly implemented
by the executive branch;
(3) effective implementation of chapter 8 of
title 5 of the United States Code (relating to con-
gressional review of agency rulemaking) is essential
to controlling the regulatory burden that the Gov-
ernment places on the economy; and
(4) in order for the legislative branch to fulfill
its responsibilities under chapter 8 of title 5, United
States Code, it must have accurate and reliable in-
formation on which to base its decisions.
SEC. 3. ESTABLISHMENT OF OFFICE.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a Con-
gressional Office of Regulatory Analysis (hereinafter
in this Act referred to as the ‘‘Office’’). The Office
shall be headed by a Director.
(2) APPOINTMENT.—The Director shall be ap-
pointed by the Speaker of the House of Representa-
tives and the majority leader of the Senate without
regard to political affiliation and solely on the basis
of the Director’s ability to perform the duties of the
Office.
(3) TERM.—The term of office of the Director
shall be 4 years, but no Director shall be permitted
to serve more than 3 terms. Any individual ap-
pointed as Director to fill a vacancy prior to the ex-
piration of a term shall serve only for the unexpired
portion of that term. An individual serving as Direc-
tor at the expiration of that term may continue to
serve until the individual’s successor is appointed.
(4) REMOVAL.—The Director may be removed
by a concurrent resolution of the Congress.
(5) COMPENSATION.—The Director shall re-
ceive compensation at a per annum gross rate equal
to the rate of basic pay, as in effect from time to
time, for level III of the Executive Schedule in sec-
tion 5314 of title 5, United States Code.
(b) PERSONNEL.—The Director shall appoint and fix
the compensation of such personnel as may be necessary
to carry out the duties and functions of the Office. All
personnel of the Office shall be appointed without regard
to political affiliation and solely on the basis of their fit-
ness to perform their duties. The Director may prescribe
the duties and responsibilities of the personnel of the Of-
fice, and delegate to them authority to perform any of the
duties, powers, and functions imposed on the Office or on
the Director. For purposes of pay (other than pay of the
Director) and employment benefits, rights, and privileges,
all personnel of the Office shall be treated as if they were
employees of the House of Representatives.
(c) EXPERTS AND CONSULTANTS.—In carrying out
the duties and functions of the Office, the Director may
procure the temporary (not to exceed one year) or inter-
mittent services of experts or consultants or organizations
thereof by contract as independent contractors, or, in the
case of individual experts or consultants, by employment
at rates of pay not in excess of the daily equivalent of
the highest rate of basic pay under the General Schedule
of section 5332 of title 5, United States Code.
(d) RELATIONSHIP TO EXECUTIVE BRANCH.—The
Director is authorized to secure information, data, esti-
mates, and statistics directly from the various depart-
ments, agencies, and establishments of the executive
branch of Government, including the Office of Manage-
ment and Budget, and the regulatory agencies and com-
missions of the Government. All such departments, agen-
cies, establishments, and regulatory agencies and commis-
sions shall promptly furnish the Director any available
material which the Director determines to be necessary in
the performance of the Director’s duties and functions
(other than material the disclosure of which would be a
violation of law). The Director is also authorized, upon
agreement with the head of any such department, agency,
establishment, or regulatory agency or commission, to uti-
lize its services, facilities, and personnel with or without
reimbursement; and the head of each such department,
agency, establishment, or regulatory agency or commission
is authorized to provide the Office such services, facilities,
and personnel.
(e) RELATIONSHIP TO OTHER AGENCIES OF CON-
GRESS.—In carrying out the duties and functions of the
Office, and for the purpose of coordinating the operations
of the Office with those of other congressional agencies
with a view to utilizing most effectively the information,
services and capabilities of all such agencies in carrying
out the various responsibilities assigned to each, the Direc-
tor is authorized to obtain information, data, estimates,
and statistics developed by the General Accounting Office,
Congressional Budget Office, and the Library of Congress,
and (upon agreement with them) to utilize their services,
facilities, and personnel with or without reimbursement.
The Comptroller General, the Director of the Congres-
sional Budget Office, and the Librarian of Congress are
authorized to provide the Office with the information,
data, estimates, and statistics, and the services, facilities,
and personnel, referred to in the preceding sentence.
(f) APPROPRIATIONS.—There are authorized to be
appropriated to the Office for fiscal years 1998 through
2006 such sums as may be necessary to enable it to carry
out its duties and functions.
SEC. 4. RESPONSIBILITIES.
(a) TRANSFER OF FUNCTIONS UNDER CHAPTER 8
FROM GAO TO OFFICE.—
(1) DIRECTOR’S
NEW
AUTHORITY.—Section
801 of title 5, United States Code, is amended by
striking ‘‘Comptroller General’’ each place it occurs
and inserting ‘‘Director of the Office’’; and
(2) DEFINITION.—Section 804 is amended by
adding at the end the following:
‘‘(4) The term ‘Director of the Office’ means
the Director of the Congressional Office of Regu-
latory Affairs established by section 3 of the Con-
gressional Office of Regulatory Analysis Creation
Act.’’.
(3) MAJOR RULES.—
(A) REGULATORY
IMPACT
ANALYSIS.—In
addition to the assessment of an agency’s com-
pliance with the procedural steps for ‘‘major’’
rules described in section 801(a)(2)(A) of title
5, United States Code, the Office will also con-
duct its own regulatory impact analysis of these
‘‘major’’ rules. This analysis shall include—
(i) a description of the potential bene-
fits of the rule, including any beneficial ef-
fects that cannot be quantified in monetary
terms and the identification of those likely
to receive the benefits;
(ii) a description of the potential costs
of the rule, including any adverse effects
that cannot be quantified in monetary
terms and the identification of those likely
to bear the costs;
(iii) a determination of the potential
net benefits of the rule, including an eval-
uation of effects that cannot be quantified
in monetary terms;
(iv) a description of alternative ap-
proaches that could achieve the same regu-
latory goal at a lower cost, together with
an analysis of the potential benefit and
costs and a brief explanation of the legal
reasons why such alternatives, if proposed,
could not be adopted; and
(v) a summary of how these results
differ, if at all, from the results that the
promulgating agency received when con-
ducting similar analyses.
(B) TIME FOR REPORT TO COMMITTEES.—
Section 801(a)(2)(A) of title 5, United States
Code, is amended by striking ‘‘15’’ and insert-
ing ‘‘45’’.
(4) NONMAJOR RULES.—The Office shall con-
duct a regulatory impact analyses, as defined in
paragraph (3)(A), of any nonmajor rule, as defined
in section 804(3) of title 5, United States Code,
when requested to do so by a committee of the
House of Representatives or the Senate, or individ-
ual Representative or Senator.
(5) PRIORITIES.—
(A) ASSIGNMENT.—To ensure that analy-
sis of the most significant regulations occurs,
the Office shall give first priority to, and is re-
quired to conduct analyses of, all ‘‘major’’ rules,
as defined in section 804(2) of title 5, United
States Code. Secondary priority shall be as-
signed to requests from committees of the
House of Representatives and the Senate. Ter-
tiary priority shall be assigned to requests from
individual Representatives and Senators.
(B) DISCRETION
TO
DIRECTOR
OF
OF-
FICE.—The Director of the Office shall have
the discretion to assign priority among the sec-
ondary and tertiary requests.
(b) TRANSFER OF CERTAIN FUNCTIONS UNDER THE
UNFUNDED MANDATES REFORM ACT OF 1955 FROM
CBO TO OFFICE.—
(1) COST
OF
REGULATIONS.—Section 103 of
the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1511) is amended—
(A) in subsection (b), by striking ‘‘the Di-
rector’’ and inserting ‘‘the Director of the Con-
gressional Office of Regulatory Analysis’’; and
(B) in subsection (c), by inserting after
‘‘Budget Office’’ the following: ‘‘or the Director
of the Congressional Office of Regulatory Anal-
ysis’’.
(2) ASSISTANCE TO THE CONGRESSIONAL OF-
FICE OF REGULATORY ANALYSIS.—Section 206 of
the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1536) is amended—
(A) by amending the section heading to
read as follows: ‘‘SEC. 206. ASSISTANCE
TO THE CONGRESSIONAL OFFICE
OF REGULATORY ANALYSIS.’’; and
(B) in paragraph (2), by striking ‘‘the Di-
rector of the Congressional Budget Office’’ and
inserting ‘‘the Director of the Congressional Of-
fice of Regulatory Analysis’’.
(c) OTHER REPORTS.—In addition to the regulatory
impact analyses of major and nonmajor rules described
in section 4(a) of the Congressional Office of Regulatory
Analysis Creation Act, the Office shall also issue an an-
nual report on an estimate of the total cost of Federal
regulations on the United States economy.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect 180 days after the date of enactment of this
Act.
Æ