I
105TH CONGRESS
1ST SESSION
H. R. 2840
To provide Government-wide accounting of regulatory costs and benefits,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1997
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 of Pennsylvania, Mr. GOODLATTE, Mr.
ARMEY, Mr. DELAY, Mr. HASTERT, Mr. SMITH of Texas, Mr. CRAMER,
Mr. GILLMOR, Mr. OXLEY, and Mr. LARGENT) introduced the following
bill; which was referred to the Committee on Government Reform and
Oversight
A BILL
To provide Government-wide 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 1997’’.
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) promote Government accountability for the
growth of Federal regulatory programs and rules;
and
(3) encourage open communication among Fed-
eral agencies, the public, the President, and Con-
gress regarding regulatory priorities.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) AGENCY.—The term ‘‘agency’’ means any
executive department, military department, Govern-
ment corporation, Government controlled corpora-
tion, or other establishment in the executive branch
of the Government (including the Executive Office of
the President), or any independent regulatory agen-
cy, but shall not include—
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Co-
lumbia and of the territories and possessions of
the United States, and their various subdivi-
sions; or
(D) Government-owned contractor-oper-
ated facilities, including laboratories engaged in
national defense research and production activi-
ties.
(2) BENEFIT.—The term ‘‘benefit’’ means the
reasonably identifiable significant favorable effects,
including social, environmental, and economic bene-
fits, that are expected to result directly or indirectly
from implementation of a rule.
(3) COST.—The term ‘‘cost’’ means the reason-
ably identifiable significant adverse effects, including
social, environmental, and economic costs that are
expected to result directly or indirectly from imple-
mentation of, or compliance with, a rule.
(4) PROGRAM ELEMENT.—The term ‘‘program
element’’ means a rule or related set of rules.
(5) RULE.—The term ‘‘rule’’ has the same
meaning given such term in section 551(4) of title
5, United States Code, except that such term shall
not include—
(A) administrative actions governed by sec-
tions 556 and 557 of title 5, United States
Code;
(B) rules issued with respect to a military
or foreign affairs function of the United States;
or
(C) rules related to agency organization,
management, or personnel.
SEC. 4. ACCOUNTING STATEMENT.
(a) IN GENERAL.—
(1) ADMINISTRATION.—The President, acting
through the Director of the Office of Management
and Budget, shall be responsible for implementing
and administering the requirements of this Act.
(2) ACCOUNTING STATEMENT.—No later than
January 2000, and each January every 2 years
thereafter, the President shall prepare and submit to
Congress an accounting statement that estimates the
costs and corresponding benefits of Federal regu-
latory programs and program elements in accord-
ance with this section.
(b) YEARS
COVERED
BY
ACCOUNTING
STATE-
MENT.—Each accounting statement (other than the initial
accounting statement) submitted under this Act shall
cover, at a minimum, the costs and corresponding benefits
for the 5 fiscal years preceding October 1 of the year in
which the report is submitted. The statement shall also
contain a projection of the costs and corresponding bene-
tical, along with a statement of the reasonable de-
gree of scientific certainty.
SEC. 5. ASSOCIATED REPORT TO CONGRESS.
(a) IN GENERAL.—In each year following the year
in which the President submits an accounting statement
under section 4, the President, acting through the Direc-
tor of the Office of Management and Budget, shall, after
notice and opportunity for comment, submit to Congress
a report associated with the accounting statement (herein-
after referred to as an ‘‘associated report’’). The associ-
ated report shall contain, in accordance with this section—
(1) analyses of impacts;
(2) identification and analysis of jurisdictional
overlaps, duplications, and potential inconsistencies
among Federal regulatory programs; and
(3) recommendations for reform.
(b) ANALYSES OF IMPACTS.—The President shall in-
clude in the associated report the following:
(1) ANALYSES.—Analyses prepared by the
president of the cumulative impact of Federal regu-
latory programs covered in the accounting state-
ment. Factors to be considered in such report shall
include impacts on the following:
(A) The ability of State and local govern-
ments to provide essential services, including
police, fire protection, and education.
(B) Small business.
(C) Productivity.
(D) Wages.
(E) Economic growth.
(F) Technological innovation.
(G) Consumer prices for goods and serv-
ices.
(H) Such other factors considered appro-
priate by the President.
(2) SUMMARY.—A summary of any independent
analyses of impacts prepared by persons commenting
during the comment period on the accounting state-
ment.
(c) RECOMMENDATIONS FOR REFORM.—The Presi-
dent shall include in the associated report the following:
(1) 
PRESIDENTIAL
RECOMMENDATIONS.—A
summary of recommendations of the President for
reform or elimination of any Federal regulatory pro-
gram or program element that does not represent
sound use of national economic resources or other-
wise is inefficient.
(2) RECOMMENDATIONS FROM COMMENTERS.—
A summary of any recommendations for such reform
or elimination of Federal regulatory programs or
program elements prepared by persons commenting
during the comment period on the accounting state-
ment.
SEC. 6. GUIDANCE FROM OFFICE OF MANAGEMENT AND
BUDGET.
The Director of the Office of Management and Budg-
et shall, in consultation with the Council of Economic Ad-
visers, and after independent and external peer review,
provide guidance to agencies—
(1) to standardize measures of costs and bene-
fits in accounting statements prepared pursuant to
this Act, including guidance on estimating the costs
and corresponding benefits of regulatory programs
and program elements; and
(2) to standardize the format of the accounting
statements.
The Director shall review submissions from agencies to as-
sure consistency with the guidance under this section.
SEC. 7. RECOMMENDATIONS FROM CONGRESSIONAL BUDG-
ET OFFICE.
After each accounting statement and associated re-
port submitted to Congress, the Director of the Congres-
sional Budget Office shall make recommendations to the
President—
(1) for improving accounting statements pre-
pared pursuant to this Act, including recommenda-
tions on level of detail and accuracy; and
(2) for improving associated reports prepared
pursuant to this Act, including recommendations on
the quality of analysis.
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