Union Calendar No. 314
105TH CONGRESS
2D SESSION
H. R. 1704
[Report No. 105–441, Parts I and II]
A BILL
To establish a Congressional Office of Regulatory
Analysis.
JUNE 3, 1998
Reported from the Committee on Government Reform
and Oversight with an amendment, committed to the
Committee of the Whole House on the State of the
Union, and ordered to be printed
IB
Union Calendar No. 314
105TH CONGRESS
2D SESSION
H. R. 1704
[Report No. 105–441, Parts I and II]
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
MARCH 13, 1998
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 13, 1998
Referral to the Committee on Government Reform and Oversight extended for
a period not later than March 23, 1998
MARCH 18, 1998
Additional sponsors: Mr. ENGLISH of Pennsylvania, Mr. MANZULLO, Mr.
LOBIONDO, Mr. HILL, Mrs. EMERSON, Mr. WICKER, Mr. GRAHAM, Mr.
PETERSON of Pennsylvania, Mr. BAKER, Mr. BASS, Mr. NORWOOD, Mr.
POMBO, Mr. TAUZIN, Mr. SAXTON, Mr. LAZIO of New York, Mr. AR-
CHER, Mr. HASTERT, Mr. LAHOOD, Mr. DUNCAN, Mr. BEREUTER, Mrs.
ROUKEMA, Mr. HORN, Mr. GANSKE, Mr. GOODE, Mr. WATTS of Okla-
homa, Mr. SESSIONS, Mr. METCALF, Mr. GILMAN, Mrs. MYRICK, Mr.
PAPPAS, 
Mr. 
MCCOLLUM, 
Mr. 
LARGENT, 
Mr. 
NEUMANN, 
Mr.
CUNNINGHAM, Mr. SUNUNU, Mr. WELDON of Florida, Mr. PARKER, Mr.
QUINN, Mrs. MALONEY of New York, Mr. MCINTOSH, Mr. HERGER, Mr.
BARR of Georgia, and Mr. CONDIT
MARCH 18, 1998
Referred to the Committee on House Oversight for a period ending not later
HR 1704 RH2
than May 1, 1998 for consideration of such provisions of the bill and
amendment reported by the Committee on the Judiciary as fall within its
jurisdiction pursuant to clause 1(h), rule X
MARCH 19, 1998
Referral to the Committee on Government Reform and Oversight extended for
a period ending not later than May 1, 1998
APRIL 30, 1998
Referral to the Committees on Government Reform and Oversight and House
Oversight extended for a period ending not later than May 15, 1998
MAY 13, 1998
Referral to the Committees on Government Reform and Oversight and House
Oversight extended for a period ending not later than May 22, 1998
MAY 22, 1998
The Committee on House Oversight discharged
MAY 22, 1998
Referral to the Committee on Government Reform and Oversight extended for
a period ending not later than June 4, 1998
JUNE 3, 1998
Additional sponsors: Mr. SOUDER, Mr. BONILLA, and Mr. ROYCE
JUNE 3, 1998
Reported from the Committee on Government Reform and Oversight with an
amendment, committed to the Committee of the Whole House on the
State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface Roman]
[For text of introduced bill, see copy of bill as introduced on May 22, 1997]
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’’.
HR 1704 RH2
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 in-
creases in the costs that regulations place on the econ-
omy 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, United States Code (relating to congressional re-
view of agency rulemaking) is essential to controlling
the regulatory burden that the Government 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 infor-
mation 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.
HR 1704 RH2
(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 appointed
as Director to fill a vacancy prior to the expiration
of a term shall serve only for the unexpired portion
of that term. An individual serving as Director 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 receive
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 section 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 person-
nel of the Office shall be appointed without regard to politi-
HR 1704 RH2
cal affiliation and solely on the basis of their fitness to per-
form their duties. The Director may prescribe the duties
and responsibilities of the personnel of the Office, and dele-
gate 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 em-
ployment 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 intermittent serv-
ices of experts or consultants or organizations thereof by
contract as independent contractors, or, in the case of indi-
vidual 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 Di-
rector is authorized to secure information, data, estimates,
and statistics directly from the various departments, agen-
cies, and establishments of the executive branch of Govern-
ment, including the Office of Management and Budget, and
the regulatory agencies and commissions of the Government.
All such departments, agencies, establishments, and regu-
HR 1704 RH2
latory agencies and commissions shall promptly furnish the
Director any available material which the Director deter-
mines 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 de-
partment, agency, establishment, or regulatory agency or
commission, to utilize 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 Director is au-
thorized to obtain information, data, estimates, and statis-
tics developed by the General Accounting Office, Congres-
sional Budget Office, and the Library of Congress, and
(upon agreement with them) to utilize their services, facili-
ties, and personnel with or without reimbursement. The
Comptroller General, the Director of the Congressional
HR 1704 RH2
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, re-
ferred to in the preceding sentence.
(f) APPROPRIATIONS.—There are authorized to be ap-
propriated to the Office to enable it to carry out its duties
and functions for fiscal years 1998 through 2006 such sums
as may be necessary but not to exceed the amount appro-
priated to carry out chapter 35 of title 44, United States
Code.
SEC. 4. RESPONSIBILITIES.
(a) TRANSFER OF FUNCTIONS UNDER CHAPTER 8
FROM GAO TO OFFICE.—
(1) DIRECTOR’S NEW AUTHORITY.—(A) Section
801 of title 5, United States Code, is amended by
striking ‘‘Comptroller General’’ each place it occurs
and inserting ‘‘Director of the Office’’.
(B) Section 801(a)(2)(B) of title 5, United States
Code, is amended by striking ‘‘Comptroller General’s’’
and inserting ‘‘Director of the Office’s’’.
(2) DEFINITION.—Section 804 of title 5, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(4) The term ‘Director of the Office’ means the
Director of the Congressional Office of Regulatory Af-
HR 1704 RH2
fairs established by section 3 of the Congressional Of-
fice of Regulatory Analysis Creation Act.’’.
(3) MAJOR RULES.—
(A) REGULATORY
IMPACT
ANALYSIS.—In
addition to the assessment of an agency’s compli-
ance with the procedural steps for ‘‘major’’ rules
described in section 801(a)(2)(A) of title 5,
United States Code, the Office will also conduct
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 evalua-
tion of effects that cannot be quantified in
monetary terms;
HR 1704 RH2
(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 dif-
fer, if at all, from the results that the pro-
mulgating agency received when conducting
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 inserting
‘‘45’’.
(4) NONMAJOR RULES.—The Office shall conduct
a regulatory impact analyses, as defined in para-
graph (3)(A), of any nonmajor rule, as defined in sec-
tion 804(3) of title 5, United States Code, when re-
quested to do so by a committee of the House of Rep-
resentatives or the Senate, or individual Representa-
tive or Senator.
(5) PRIORITIES.—
(A) ASSIGNMENT.—To ensure that analysis
of the most significant regulations occurs, the Of-
HR 1704 RH2
fice shall give first priority to, and is required
to conduct analyses of, all ‘‘major’’ rules, as de-
fined in section 804(2) of title 5, United States
Code. Secondary priority shall be assigned to re-
quests from committees of the House of Rep-
resentatives and the Senate. Tertiary 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 second-
ary 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 Analysis’’.
HR 1704 RH2
(2) ASSISTANCE TO THE CONGRESSIONAL OFFICE
OF REGULATORY ANALYSIS.—Section 206 of the Un-
funded 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
REGU-
LATORY 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
subsection (a) of this section, the Office shall also issue an
annual 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.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congres-
sional Office of Regulatory Analysis Creation
Act’’.
HR 1704 RH2
SEC. 2. FINDINGS.
The Congress finds that—
(1) Federal regulations have had a
positive impact in protecting the environ-
ment and the health and safety of all
Americans; 
however, 
uncontrolled 
in-
creases in the costs that regulations place
on the economy cannot be sustained;
(2) the legislative branch has a re-
sponsibility to see that the laws it passes
are properly implemented by the execu-
tive branch;
(3) effective implementation of chap-
ter 8 of title 5 of the United States Code
(relating to congressional review of agen-
cy rulemaking) is essential to controlling
the regulatory burden that the Govern-
ment places on the economy; and
(4) in order for the legislative branch
to fulfill its responsibilities under chap-
ter 8 of title 5, United States Code, it
must have accurate and reliable informa-
tion on which to base its decisions.
SEC. 3. ESTABLISHMENT OF OFFICE.
(a) ESTABLISHMENT.—
HR 1704 RH2
(1) IN GENERAL.—There is established
a Congressional 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 appointed by the Speaker of the House
of Representatives and the majority lead-
er of the Senate after considering rec-
ommendations received from the Sub-
committee on National Economic Growth,
Natural Resources, and Regulatory Af-
fairs of the Committee on Government
Reform and Oversight of the House of
Representatives, without regard to politi-
cal affiliation and solely on the basis of
the Director’s ability to perform the du-
ties 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 appointed as Direc-
tor to fill a vacancy prior to the expira-
tion of a term shall serve only for the un-
expired portion of that term. An individ-
HR 1704 RH2
ual serving as Director 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 receive 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
section 5314 of title 5, United States Code.
(b) PERSONNEL.—The Director shall ap-
point and fix the compensation of such per-
sonnel as may be necessary to carry out the
duties and functions of the Office. All person-
nel of the Office shall be appointed without
regard to political affiliation and solely on the
basis of their fitness to perform their duties.
The Director may prescribe the duties and re-
sponsibilities of the personnel of the Office,
and delegate to them authority to perform
any of the duties, powers, and functions im-
posed on the Office or on the Director. For
purposes of pay (other than pay of the Direc-
HR 1704 RH2
tor) 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 carry-
ing out the duties and functions of the Office,
the Director may procure the temporary (not
to exceed one year) or intermittent services of
experts or consultants or organizations there-
of by contract as independent contractors, or,
in the case of individual experts or consult-
ants, by employment at rates of pay not in ex-
cess 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 informa-
tion, data, estimates, and statistics directly
from the various departments, agencies, and
establishments of the executive branch of
Government, including the Office of Manage-
ment and Budget, and the regulatory agencies
and commissions of the Government. All such
departments, agencies, establishments, and
regulatory agencies and commissions shall
HR 1704 RH2
promptly furnish the Director any available
material which the Director determines to be
necessary in the performance of the Direc-
tor’s duties and functions (other than mate-
rial the disclosure of which would be a viola-
tion of law). The Director is also authorized,
upon agreement with the head of any such de-
partment, agency, establishment, or regu-
latory agency or commission, to utilize its
services, facilities, and personnel with or
without reimbursement; and the head of each
such department, agency, establishment, or
regulatory agency or commission is author-
ized to provide the Office such services, facili-
ties, and personnel.
(e) RELATIONSHIP TO OTHER AGENCIES OF
CONGRESS.—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 informa-
tion, services and capabilities of all such
agencies in carrying out the various respon-
sibilities assigned to each, the Director is au-
thorized to obtain information, data, esti-
HR 1704 RH2
mates, and statistics developed by the Gen-
eral Accounting Office, Congressional Budget
Office, and the Congressional Research Serv-
ice, and (upon agreement with them) to utilize
their services, facilities, and personnel with
or without reimbursement. The Comptroller
General, the Director of the Congressional
Budget Office, and the Director of the Con-
gressional Research Service are authorized to
provide the Office with the information, data,
estimates, and statistics, and the services, fa-
cilities, and personnel, referred to in the pre-
ceding sentence.
(f) ASSISTANCE TO THE CONGRESS.—The Di-
rector of the Office shall provide to the Com-
mittee on Government Reform and Oversight
of the House of Representatives, information
that will assist the committee in the discharge
of all matters within its jurisdiction, includ-
ing information with respect to its jurisdic-
tion over authorization and oversight of the
Office of Information and Regulatory Affairs
of the Office of Management and Budget.
(g) INFORMATION.—
HR 1704 RH2
(1) FREEDOM
OF
INFORMATION.—The
Office shall make available information
from its activities in accordance with sec-
tion 552 of title 5, United States Code.
(2) PUBLIC DOCKET.—The Office shall
maintain a publicly available log of infor-
mation (other than information which
may not be released under section 552(b)
of title 5, United States Code) which shall
contain at a minimum—
(A) all written communications,
regardless of format, between Office
personnel and any person who is not
employed by the Federal Govern-
ment; and
(B) the dates and names of indi-
viduals involved in all substantive
oral communications, including meet-
ings and telephone conversations be-
tween Office personnel and any per-
son not employed by the Federal Gov-
ernment, and the subject matter of
such communications.
(h) APPROPRIATIONS.—There are author-
ized 
to 
be 
appropriated 
to 
the 
Office
HR 1704 RH2
$5,200,000 for each of fiscal years 1998
through 2006. No funds shall be authorized to
be appropriated for the Office in a year when
the annual appropriation for the Legislative
Branch exceeds the appropriation provided
for the Legislative Branch for fiscal year 1998,
reduced by the amount appropriated for the
Office for such year.
SEC. 4. RESPONSIBILITIES.
(a) TRANSFER OF FUNCTIONS UNDER CHAP-
TER 8 FROM GAO TO OFFICE.—
(1) DIRECTOR’S
NEW
AUTHORITY.—Sec-
tion 801 of title 5, United States Code, is
amended—
(A) by striking ‘‘Comptroller Gen-
eral’’ each place it occurs and insert-
ing ‘‘Director of the Office’’; and
(B) by striking ‘‘the Comptroller
General’s 
report’’ 
in 
subsection
(a)(2)(B) and inserting ‘‘the report of
the Director of the Office’’.
(2) DEFINITION.—Section 804 is amend-
ed by adding at the end the following:
‘‘(4) The term ‘Director of the Office’
means the Director of the Congressional
HR 1704 RH2
Office of Regulatory Affairs established
by section 3 of the Congressional Office
of Regulatory Analysis Creation Act.’’.
(3) MAJOR RULES.—Section 801(a)(2)(A)
of title 5, United States Code, is amended
to read as follows:
‘‘(2)(A) The Director of the Office shall
provide a report on each major rule to the
committees of jurisdiction in each House of
the Congress by the end of 30 calendar days
after the submission or publication date as
provided in section 802(b)(2). The report of
the Director shall include—
‘‘(i) an assessment of the compliance
by the Federal agency with the require-
ments in paragraph (1)(B); and
‘‘(ii) an analysis of the rule by the Di-
rector, using any relevant data and anal-
yses generated by the Federal agency and
any data of the Office, including the fol-
lowing:
‘‘(I) A description of the potential
benefits of the rule, including any
beneficial 
effects 
that 
cannot 
be
quantified in monetary terms and the