I
106TH CONGRESS
1ST SESSION
H. R. 1074
To provide Governmentwide accounting of regulatory costs and benefits, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1999
Mr. BLILEY (for himself, Mr. MCINTOSH, Mr. CONDIT, Mr. STENHOLM, Mr.
SHUSTER, Mr. PICKETT, Mr. GOODE, Mr. HALL of Texas, Mr. JOHN,
Mr. TURNER, Mr. ENGLISH, Mr. GOODLATTE, Mr. ARMEY, Mr. DELAY,
Mr. CRAMER, Mr. GILLMOR, Mr. OXLEY, Mr. LARGENT, Mr. ARCHER,
Mr. MANZULLO, Mr. SANDLIN, Mr. WATTS of Oklahoma, Mr. GEKAS,
Mr. BARCIA, Mr. BISHOP, Mr. BOYD, Mr. CLEMENT, Mr. FORD, Mr.
SHOWS, Mr. TANNER, and Mr. TRAFICANT) introduced the following bill;
which was referred to the Committee on Government Reform
A BILL
To provide Governmentwide accounting of regulatory costs
and benefits, 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 ‘‘Regulatory Right-to-
Know Act of 1999’’.
SEC. 2. PURPOSES.
The purposes of this Act are to—
(1) promote the public right-to-know about the
costs and benefits of Federal regulatory programs
and rules;
(2) increase Government accountability; and
(3) improve the quality of Federal regulatory
programs and rules.
SEC. 3. DEFINITIONS.
In this Act:
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the definitions under section
551 of title 5, United States Code, shall apply to
this Act.
(2) BENEFIT.—The term ‘‘benefit’’ means the
reasonably identifiable significant favorable effects,
quantifiable and nonquantifiable, including social,
health, safety, environmental, and economic effects,
that are expected to result from implementation of,
or compliance with, a rule.
(3) COST.—The term ‘‘cost’’ means the reason-
ably identifiable significant adverse effects, quantifi-
able and nonquantifiable, including social, health,
safety, environmental, and economic effects, that are
expected to result from implementation of, or com-
pliance with, a rule.
(4) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Management and
Budget.
(5) MAJOR
RULE.—The term ‘‘major rule’’
means any rule as that term is defined under section
804(2) of title 5, United States Code.
(6) PAPERWORK.—The term ‘‘paperwork’’ has
the meaning given the term ‘‘collection of informa-
tion’’ under section 3502 of title 44, United States
Code.
(7) PROGRAM
COMPONENT.—The term ‘‘pro-
gram component’’ means a set of related rules.
SEC. 4. ACCOUNTING STATEMENT.
(a) IN GENERAL.—Not later than February 5, 2001,
and on the first Monday in February of each year there-
after, the President, acting through the Director of the
Office of Management and Budget, shall prepare and sub-
mit to the Congress an accounting statement and associ-
ated report containing—
(1) an estimate of the total annual costs and
benefits of Federal regulatory programs, including
rules and paperwork—
(A) in the aggregate;
(B) by agency, agency program, and pro-
gram component; and
(C) by major rule;
(2) an analysis of direct and indirect impacts of
Federal rules and paperwork on Federal, State,
local, and tribal government, the private sector,
small business, wages, consumer prices, productivity,
economic growth, and distributional effects;
(3) an identification and analysis of overlaps,
duplications, and potential inconsistencies among
Federal regulatory programs; and
(4) recommendations to reform inefficient or in-
effective regulatory programs or program compo-
nents.
(b) NET BENEFITS AND COSTS.—To the extent fea-
sible, the Director shall, in estimates contained in any sub-
mission under subsection (a)(1), quantify the net benefits
or net costs of—
(1) each program component covered by the
submission;
(2) each major rule covered by the submission;
and
(3) each option for which costs and benefits
were included in any regulatory impact analysis
issued for any major rule covered by the submission.
(c) SUMMARY OF REGULATORY ACTIVITY.—The Di-
rector shall include in each submission under subsection
(a)(1) a table stating the number of major rules and the
number of nonmajor rules issued by each agency in the
preceding fiscal year.
(d) YEARS
COVERED
BY
ACCOUNTING
STATE-
MENT.—Each accounting statement submitted under this
section shall, at a minimum—
(1) cover expected costs and benefits for the fis-
cal year for which the statement is submitted and
each of the 4 fiscal years following that fiscal year;
(2) cover previously expected costs and benefits
for each of the 2 fiscal years preceding the fiscal
year for which the statement is submitted, or the
most recent revision of such costs and benefits; and
(3) with respect to each major rule, include the
estimates of costs and benefits for each of the fiscal
years referred to in paragraphs (1) and (2) that
were included in the regulatory impact analysis that
was prepared for the major rule.
SEC. 5. NOTICE AND COMMENT.
(a) IN GENERAL.—Before submitting an accounting
statement and the associated report to Congress under
section 4, and before preparing final guidelines under sec-
tion 6, the Director of the Office of Management and
Budget shall—
(1) provide public notice and an opportunity of
at least 60 days for submission of comments on the
statement and report or guidelines, respectively; and
(2) consult with the Director of the Congres-
sional Budget Office on the statement and report or
guidelines, respectively.
(b) APPENDIX.—After consideration of the com-
ments, the Director shall include an appendix to the report
or guidelines, respectively, addressing the public comments
and peer review comments under section 7.
SEC. 6. GUIDELINES FROM THE OFFICE OF MANAGEMENT
AND BUDGET.
(a) IN GENERAL.—Not later than 270 days after the
date of enactment of this Act, the Director of the Office
of Management and Budget, in consultation with the
Council of Economic Advisors, shall issue guidelines to
agencies to standardize—
(1) most plausible measures of costs and bene-
fits; and
(2) the format of information provided for ac-
counting statements.
(b) REVIEW.—The Director shall review submissions
from the agencies to ensure consistency with the guide-
lines under this section.
SEC. 7. PEER REVIEW.
(a) IN GENERAL.—The Director of the Office of
Management and Budget shall arrange for 2 or more or-
ganizations that have nationally recognized expertise in
regulatory analysis and regulatory accounting and that are
independent of and external to the Government, to provide
peer review of each accounting statement and associated
report under section 4 and the guidelines under section
6 before the statement, report, or guidelines are final.
(b) WRITTEN COMMENTS.—The peer review under
this section shall provide written comments to the Director
in a timely manner. The Director shall use the peer review
comments in preparing the final statements, associated re-
ports, and guidelines.
(c) FACA.—Peer review under this section shall not
be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
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