[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1704 Reported in House (RH)]





                                                 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





                                                 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 
subsequently 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. Archer, Mr. Hastert, Mr. 
 LaHood, Mr. Duncan, Mr. Bereuter, Mrs. Roukema, Mr. Horn, Mr. Ganske, 
   Mr. Goode, Mr. Watts of Oklahoma, 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 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 Representatives 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 impact 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, 
        United States Code (relating to congressional review 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 information on which 
        to base its decisions.

SEC. 3. ESTABLISHMENT OF OFFICE.

    (a) Establishment.--
            (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 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 personnel 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 responsibilities of the personnel of the Office, 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 intermittent 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, estimates, and statistics directly from 
the various departments, agencies, and establishments of the executive 
branch of Government, including the Office of Management and Budget, 
and the regulatory agencies and commissions of the Government. All such 
departments, agencies, establishments, and regulatory agencies and 
commissions 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 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 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 
information, services and capabilities of all such agencies in carrying 
out the various responsibilities assigned to each, the Director 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 
Congressional 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 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 appropriated 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 following:
            ``(4) The term `Director of the Office' means the Director 
        of the Congressional Office of Regulatory Affairs established 
        by section 3 of the Congressional Office of Regulatory Analysis 
        Creation Act.''.
            (3) Major rules.--
                    (A) Regulatory impact analysis.--In addition to the 
                assessment of an agency's compliance 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 benefits 
                        of the rule, including any beneficial effects 
                        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 evaluation 
                        of effects that cannot be quantified in 
                        monetary terms;
                            (iv) a description of alternative 
                        approaches that could achieve the same 
                        regulatory 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 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 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 individual 
        Representative or Senator.
            (5) Priorities.--
                    (A) Assignment.--To ensure that analysis of the 
                most significant regulations occurs, the Office shall 
                give first priority to, and is required to conduct 
                analyses of, all ``major'' rules, as defined in section 
                804(2) of title 5, United States Code. Secondary 
                priority shall be assigned to requests from committees 
                of the House of Representatives and the Senate. 
                Tertiary priority shall be assigned to requests from 
                individual Representatives and Senators.
                    (B) Discretion to director of office.--The Director 
                of the Office shall have the discretion to assign 
                priority among the secondary 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 Director'' 
                and inserting ``the Director of the Congressional 
                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''.
            (2) Assistance to the congressional office 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 Director of 
                the Congressional Budget Office'' and inserting ``the 
                Director of the Congressional Office 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 ``Congressional Office of Regulatory 
Analysis Creation Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Federal regulations have had a positive impact 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 congressional review 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 information on which 
        to base its decisions.

SEC. 3. ESTABLISHMENT OF OFFICE.

    (a) Establishment.--
            (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 leader 
        of the Senate after considering recommendations received from 
        the Subcommittee on National Economic Growth, Natural 
        Resources, and Regulatory Affairs of the Committee on 
        Government Reform and Oversight of the House of 
        Representatives, 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 personnel 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 responsibilities of the personnel of the Office, 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 intermittent 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, estimates, and statistics directly from 
the various departments, agencies, and establishments of the executive 
branch of Government, including the Office of Management and Budget, 
and the regulatory agencies and commissions of the Government. All such 
departments, agencies, establishments, and regulatory agencies and 
commissions 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 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 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 
information, services and capabilities of all such agencies in carrying 
out the various responsibilities assigned to each, the Director is 
authorized to obtain information, data, estimates, and statistics 
developed by the General Accounting Office, Congressional Budget 
Office, and the Congressional Research Service, 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 Congressional 
Research Service 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) Assistance to the Congress.--The Director of the Office shall 
provide to the Committee 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, including 
information with respect to its jurisdiction over authorization and 
oversight of the Office of Information and Regulatory Affairs of the 
Office of Management and Budget.
    (g) Information.--
            (1) Freedom of information.--The Office shall make 
        available information from its activities in accordance with 
        section 552 of title 5, United States Code.
            (2) Public docket.--The Office shall maintain a publicly 
        available log of information (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 Government; and
                    (B) the dates and names of individuals involved in 
                all substantive oral communications, including meetings 
                and telephone conversations between Office personnel 
                and any person not employed by the Federal Government, 
                and the subject matter of such communications.
    (h) Appropriations.--There are authorized to be appropriated to the 
Office $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 Chapter 8 From GAO to Office.--
            (1) Director's new authority.--Section 801 of title 5, 
        United States Code, is amended--
                    (A) by striking ``Comptroller General'' each place 
                it occurs and inserting ``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 amended by adding at the 
        end the following:
            ``(4) The term `Director of the Office' means the Director 
        of the Congressional 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 requirements in paragraph (1)(B); and
            ``(ii) an analysis of the rule by the Director, using any 
        relevant data and analyses generated by the Federal agency and 
        any data of the Office, including the following:
                    ``(I) A description of the potential benefits of 
                the rule, including any beneficial effects 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 evaluation of 
                effects that cannot be quantified in monetary terms.
                    ``(IV) A description of alternative approaches that 
                could achieve the same regulatory goal at a lower cost, 
                together with an analysis of the potential benefits and 
                costs and a brief explanation of the legal reasons why 
                such alternatives, if proposed, could not be adopted.
                    ``(V) A summary of how these results differ, if at 
                all, from the results that the promulgating agency 
                received when conducting similar analyses.''.
            (4) Nonmajor rules.--The Office shall conduct an assessment 
        and analysis, as described in section 801(a)(2)(A) of title 5, 
        United States Code, of any nonmajor rule, as defined in section 
        804(3) of such title, when requested to do so by a committee of 
        the House of Representatives or the Senate, or individual 
        Representative or Senator.
            (5) Priorities.--
                    (A) Assignment.--To ensure that analysis of the 
                most significant regulations occurs, the Office shall 
                give first priority to, and is required to conduct 
                analyses of, all ``major'' rules, as defined in section 
                804(2) of title 5, United States Code. Secondary 
                priority shall be assigned to requests from committees 
                of the House of Representatives and the Senate. 
                Tertiary priority shall be assigned to requests from 
                individual Representatives and Senators.
                    (B) Discretion to director of office.--The Director 
                of the Office shall have the discretion to assign 
                priority among the secondary 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 Director'' 
                and inserting ``the Director of the Congressional 
                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''.
            (2) Assistance to the congressional office 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 Director of 
                the Congressional Budget Office'' and inserting ``the 
                Director of the Congressional Office of Regulatory 
                Analysis''.
    (c) Other Reports.--In addition to the analyses of major and 
nonmajor rules described in subsection (a), the Office shall also issue 
an annual report including estimates of the total costs and benefits of 
all existing Federal regulations.

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.