I
104TH CONGRESS
1ST SESSION
H. R. 58
To require analysis and estimates of the likely impact of Federal legislation
and regulations upon businesses, the private sector, and State and local
governments, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. BAKER of Louisiana (for himself and Mr. HAYES) introduced the follow-
ing bill; which was referred to the Committee on Government Reform and
Oversight, and in addition to the Committee on Rules, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To require analysis and estimates of the likely impact of
Federal legislation and regulations upon businesses, the
private sector, and State and local governments, and
for other purposes.
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 ‘‘Small Business and
Private Economic Sector Impact Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) Federal regulation is projected to cost
$542,000,000,000 by the year 2000;
(2) the 1990 United States merchandise trade
deficit was $65,400,000,000;
(3) excessive Federal regulation and mandates
increase the cost of doing business and thus hinder
economic growth and employment opportunities; and
(4) State and local governments are forced to
absorb the cost of unfunded Federal mandates.
(b) PURPOSE.—The purpose of this Act is to—
(1) ensure that the American people are fully
apprised of the impact of Federal legislative and
regulatory activity on economic growth and employ-
ment;
(2) require both the Congress and the executive
branch to acknowledge and to take responsibility for
the fiscal and economic effects of legislative and reg-
ulatory actions and activities;
(3) to provide a means to ensure congressional
or executive branch action is focused on enhancing
economic growth and providing increasing job oppor-
tunities for Americans; and
(4) to protect against congressional or executive
branch action which hinders economic growth or
eliminates jobs for the American people.
SEC. 3. ECONOMIC AND EMPLOYMENT IMPACT STATE-
MENTS.
(a) PREPARATION.—The Comptroller General of the
United States shall prepare an economic and employment
impact statement, as described in subsection (b), to ac-
company each bill, resolution, or conference report re-
ported by any committee of the House of Representatives
or the Senate or considered on the floor of either House.
(b) CONTENTS.—Except as provided in subsection
(c), the economic and employment impact statement re-
quired by subsection (a) shall—
(1) state the extent to which enactment of the
bill, resolution, or conference report would result in
increased costs to the private sector, individuals, or
State and local governments; and
(2) include, at a minimum, a detailed assess-
ment of the annual impact of the bill, resolution, or
conference report (projected annually over a 5-year
period from its effective date, and, to the extent fea-
sible, expressed in each case in monetary terms)
on—
(A) costs to United States consumers;
(B) costs to United States business;
(C) national employment;
(D) the ability of United States industries
to compete internationally;
(E) affected State and local governments,
fiscal and otherwise;
(F) outlays and revenues by the Federal
Government as compared to outlays and reve-
nues for the same activity in the current fiscal
year (as reported by the Congressional Budget
Office); and
(G) impact on Gross Domestic Product.
(c) EXCEPTION.—The economic and employment im-
pact statement required by subsection (a) may consist of
a brief summary assessment in lieu of the detailed assess-
ment set forth in subsection (b) if preliminary analysis in-
dicates that the aggregate effect of the bill, resolution, or
conference report as measured by the criteria set forth in
subparagraphs (A) through (G) of subsection (b) is less
than $100,000,000 or 10,000 jobs in national employ-
ment.
(d) STATEMENT WITH ALL LEGISLATION.—The eco-
nomic and employment impact statement required by this
section shall accompany each bill, resolution, or conference
report before such bill, resolution, or conference report
may be reported or otherwise considered on the floor of
either House.
SEC. 4. POINT OF ORDER IN HOUSE OR SENATE.
(a) RULE.—It shall not be in order in either the
House of Representatives or the Senate to consider on the
floor any bill, resolution, or conference report, whether or
not reported by any committee of the House of Represent-
atives or the Senate, unless that bill, resolution, or con-
ference report includes the economic and employment im-
pact statement required by section 3.
(b) WAIVER.—A point of order made under this sec-
tion may be waived in the Senate by a three-fifths affirma-
tive vote of Senators, duly chosen and sworn, and in the
House of Representatives by a three-fifths affirmative vote
of Members, duly chosen and sworn.
SEC. 5. EXECUTIVE REGULATIONS.
Each regulation and proposed regulation promul-
gated by a Federal department or executive agency shall
be accompanied by an economic and employment impact
statement prepared, in accordance with subsection (b) of
section 3, by the department or agency promulgating the
regulation or proposed regulation. The economic and em-
ployment impact statement shall be published in the Fed-
eral Register together with such regulation or proposed
regulation.
SEC. 6. PROVISION FOR NATIONAL SECURITY EMERGENCY
WAIVER.
(a) CONGRESSIONAL
ECONOMIC
IMPACT
STATE-
MENTS.—The Congress may waive the requirements of
section 3 at any time in which a declaration of war is in
effect, or in response to a national security emergency at
the request of the President.
(b) EXECUTIVE REGULATIONS.—The President may
waive the requirements of section 5 at any time in which
a declaration of war is in effect, or in response to a na-
tional security emergency as determined by the President
in consultation with Congress.
SEC. 7. REPEAL OF SENATE RULE.
Paragraph 11 of rule XXVI of the Standing Rules
of the Senate is repealed.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of
enactment of the Act.
Æ