Home > 104th Congressional Bills > H.R. 1022 (ih) To provide regulatory reform and to focus national economic resources [Introduced in House] ...H.R. 1022 (ih) To provide regulatory reform and to focus national economic resources [Introduced in House] ...
establishment as defined in part I of title 5 of the United
States Code, except that such term also includes the Office of
Technology Assessment.
(7) Document.--The term ``document'' includes material
stored in electronic or digital form.
TITLE II--ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS
SEC. 201. ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS.
(a) In General.--The President shall require each Federal agency to
prepare the following for each major rule within a program designed to
protect human health, safety, or the environment that is proposed or
promulgated by the agency after the date of enactment of this Act:
(1) An identification of reasonable alternative strategies,
including strategies that--
(A) require no government action;
(B) will accommodate differences among geographic
regions and among persons with different levels of
resources with which to comply; and
(C) employ performance or other market-based
mechanisms that permit the greatest flexibility in
achieving the identified benefits of the rule.
The agency shall consider reasonable alternative strategies
proposed during the comment period.
(2) An analysis of the incremental costs and incremental
risk reduction or other benefits associated with each
alternative strategy identified or considered by the agency.
Costs and benefits shall be quantified to the extent feasible
and appropriate and may otherwise be qualitatively described.
(3) A statement that places in context the nature and
magnitude of the risks to be addressed and the residual risks
likely to remain for each alternative strategy identified or
considered by the agency. Such statement shall, to the extent
feasible, provide comparisons with estimates of greater,
lesser, and substantially equivalent risks that are familiar to
and routinely encountered by the general public as well as
other risks, and, where appropriate and meaningful, comparisons
of those risks with other similar risks regulated by the
Federal agency resulting from comparable activities and
exposure pathways. Such comparisons should consider relevant
distinctions among risks, such as the voluntary or involuntary
nature of risks and the preventability or nonpreventability of
risks.
(4) For each final rule, an analysis of whether the
identified benefits of the rule are likely to exceed the
identified costs of the rule.
(5) An analysis of the effect of the rule--
(A) on small businesses with fewer than 100
employees;
(B) on net employment; and
(C) to the extent practicable, on the cumulative
financial burden of compliance with the rule and other
existing regulations on persons producing products.
(b) Publication.--For each major rule referred to in subsection (a)
each Federal agency shall publish in a clear and concise manner in the
Federal Register along with the proposed and final regulation, or
otherwise make publicly available, the information required to be
prepared under subsection (a).
SEC. 202. DECISION CRITERIA.
(a) In General.--No final rule subject to the provisions of this
title shall be promulgated unless the agency certifies the following:
(1) That the analyses under section 201 are based on
objective and unbiased scientific and economic evaluations of
all significant and relevant information and risk assessments
provided to the agency by interested parties relating to the
costs, risks, and risk reduction and other benefits addressed
by the rule.
(2) That the incremental risk reduction or other benefits
of any strategy chosen will be likely to justify, and be
reasonably related to, the incremental costs incurred by State,
local, and tribal governments, the Federal Government, and
other public and private entities.
(3) That other alternative strategies identified or
considered by the agency were found either (A) to be less cost-
effective at achieving a substantially equivalent reduction in
risk, or (B) to provide less flexibility to State, local, or
tribal governments or regulated entities in achieving the
otherwise applicable objectives of the regulation, along with a
brief explanation of why alternative strategies that were
identified or considered by the agency were found to be less
cost-effective or less flexible.
(b) Effect of Decision Criteria.--
(1) In general.--Notwithstanding any other provision of
Federal law, the decision criteria of subsection (a) shall
supplement and, to the extent there is a conflict, supersede
the decision criteria for rulemaking otherwise applicable under
the statute pursuant to which the rule is promulgated.
(2) Substantial evidence.--Notwithstanding any other
provision of Federal law, no major rule shall be promulgated by
any Federal agency pertaining to the protection of health,
safety, or the environment unless the requirements of section
201 and subsection (a) are met and the certifications required
therein are supported by substantial evidence of the rulemaking
record.
(c) Publication.--The agency shall publish in the Federal Register,
along with the final regulation, the certifications required by
subsection (a).
(d) Notice.--Where the agency finds a conflict between the decision
criteria of this section and the decision criteria of an otherwise
applicable statute, the agency shall so notify the Congress in writing.
SEC. 203. OFFICE OF MANAGEMENT AND THE BUDGET GUIDANCE.
The Office of Management and Budget shall issue guidance consistent
with this title--
(1) to assist the agencies, the public, and the regulated
community in the implementation of this title, including any
new requirements or procedures needed to supplement prior
agency practice; and
(2) governing the development and preparation of analyses
of risk reduction benefits and costs.
SEC. 204. ENVIRONMENTAL CLEAN-UP.
For purposes of this title, any determination by a Federal agency
to approve or reject any proposed or final environmental clean-up plan
for a facility the costs of which are likely to exceed $5,000,000 shall
be treated as major rule subject to the provisions of this title (other
than the provisions of section 201(a)(5)). As used in this section, the
term ``environmental clean-up'' means a corrective action under the
Solid Waste Disposal Act, a remedial action under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, and
any other environmental restoration and waste management carried out by
or on behalf of a Federal agency with respect to any substance other
than municipal waste.
TITLE III--PEER REVIEW
SEC. 301. PEER REVIEW PROGRAM.
(a) Establishment.--For regulatory programs designed to protect
human health, safety, or the environment, the head of each Federal
agency shall develop a systematic program for independent and external
peer review required by subsection (b). Such program shall be
applicable across the agency and--
(1) shall provide for the creation of peer review panels
consisting of experts and shall be broadly representative and
balanced and to the extent relevant and appropriate, may
include representatives of State, local, and tribal
governments, small businesses, other representatives of
industry, universities, agriculture, labor, consumers,
conservation organizations, or other public interest groups and
organizations;
(2) may provide for differing levels of peer review and
differing numbers of experts on peer review panels, depending
on the significance or the complexity of the problems or the
need for expeditiousness;
(3) shall not exclude peer reviewers with substantial and
relevant expertise merely because they represent entities that
may have a potential interest in the outcome, provided that
interest is fully disclosed to the agency and in the case of a
regulatory decision affecting a single entity, no peer reviewer
representing such entity may be included on the panel;
(4) may provide specific and reasonable deadlines for peer
review panels to submit reports under subsection (c); and
(5) shall provide adequate protections for confidential
business information and trade secrets, including requiring
peer reviewers to enter into confidentiality agreements.
(b) Requirement for Peer Review.--In connection with any rule that
is likely to result in an annual increase in costs of $100,000,000 or
more (other than any rule or other action taken by an agency to
authorize or approve any individual substance or product), each Federal
agency shall provide for peer review in accordance with this section of
any risk assessment or cost analysis which forms the basis for such
rule or of any analysis under section 201(a). In addition, the Director
of the Office of Management and Budget may order that peer review be
provided for any major risk assessment or cost assessment that is
likely to have a significant impact on public policy decisions.
(c) Contents.--Each peer review under this section shall include a
report to the Federal agency concerned with respect to the scientific
and economic merit of data and methods used for the assessments and
analyses.
(d) Response to Peer Review.--The head of the Federal agency shall
provide a written response to all significant peer review comments.
(e) Availability to Public.--All peer review comments or
conclusions and the agency's responses shall be made available to the
public and shall be made part of the administrative record.
(f) Previously Reviewed Data and Analysis.--No peer review shall be
required under this section for any data or method which has been
previously subjected to peer review or for any component of any
analysis or assessment previously subjected to peer review.
(g) National Panels.--The President shall appoint National Peer
Review Panels to annually review the risk assessment and cost
assessment practices of each Federal agency for programs designed to
protect human health, safety, or the environment. The Panel shall
submit a report to the Congress no less frequently than annually
containing the results of such review.
TITLE IV--JUDICIAL REVIEW
SEC. 401. JUDICIAL REVIEW.
Compliance or noncompliance by a Federal agency with the
requirements of this Act shall be reviewable pursuant to the statute
granting the agency authority to act or, as applicable, that statute
and the Administrative Procedure Act. The court with jurisdiction to
review final agency action under the statute granting the agency
authority to act shall have jurisdiction to review, at the same time,
the agency's compliance with the requirements of this Act. When a
significant risk assessment document or risk characterization document
subject to title I is part of the administrative record in a final
agency action, in addition to any other matters that the court may
consider in deciding whether the agency's action was lawful, the court
shall consider the agency action unlawful if such significant risk
assessment document or significant risk characterization document does
not substantially comply with the requirements of sections 104 and 105.
TITLE V--PLAN
SEC. 501. PLAN FOR ASSESSING NEW INFORMATION.
(a) Plan.--Within 18 months after the date of enactment of this
Act, each covered Federal agency (as defined in title I) shall publish
a plan to review and, where appropriate revise any significant risk
assessment document or significant risk characterization document
published prior to the expiration of such 18-month period if, based on
information available at the time of such review, the agency head
determines that the application of the principles set forth in sections
104 and 105 would be likely to significantly alter the results of the
prior risk assessment or risk characterization. The plan shall provide
procedures for receiving and considering new information and risk
assessments from the public. The plan may set priorities and procedures
for review and, where appropriate, revision of such risk assessment
documents and risk characterization documents and of health or
environmental effects values. The plan may also set priorities and
procedures for review, and, where appropriate, revision or repeal of
major rules promulgated prior to the expiration of such period. Such
priorities and procedures shall be based on the potential to more
efficiently focus national economic resources within Federal regulatory
programs designed to protect human health, safety, or the environment
on the most important priorities and on such other factors as such
Federal agency considers appropriate.
(b) Public Comment and Consultation.--The plan under this section,
shall be developed after notice and opportunity for public comment, and
after consultation with representatives of appropriate State, local,
and tribal governments, and such other departments and agencies,
offices, organizations, or persons as may be advisable.
TITLE VI--PRIORITIES
SEC. 601. PRIORITIES.
(a) Identification of Opportunities.--In order to assist in the
public policy and regulation of risks to public health, the President
shall identify opportunities to reflect priorities within existing
Federal regulatory programs designed to protect human health in a cost-
effective and cost-reasonable manner. The President shall identify each
of the following:
(1) The likelihood and severity of public health risks
addressed by current Federal programs.
(2) The number of individuals affected.
(3) The incremental costs and risk reduction benefits
associated with regulatory or other strategies.
(4) The cost-effectiveness of regulatory or other
strategies to reduce risks to public health.
(5) Intergovernmental relationships among Federal, State,
and local governments among programs designed to protect public
health.
(6) Statutory, regulatory, or administrative obstacles to
allocating national economic resources based on the most cost-
effective, cost-reasonable priorities considering Federal,
State, and local programs.
(b) State, Local, and Tribal Priorities.--In identifying national
priorities, the President shall consider priorities developed and
submitted by State, local, and tribal governments.
(c) Biennial Reports.--The President shall issue biennial reports
to Congress, after notice and opportunity for public comment, to
recommend priorities for modifications to, elimination of, or
strategies for existing Federal regulatory programs designed to protect
public health. Within 6 months after the issuance of the report, the
President shall notify the Congress in writing of the recommendations
which can be implemented without further legislative changes and the
agency shall consider the priorities set forth in the report and
priorities developed and submitted by State, local, and tribal
governments when preparing a budget or strategic plan for any such
regulatory program.
Passed the House of Representatives February 28, 1995.
Attest:
Clerk.
104th CONGRESS
1st Session
H. R. 1022
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