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Union Calendar No. 93
106th CONGRESS
1st Session
H. R. 1074
[Report No. 106-168]
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
June 7, 1999
Additional sponsors: Mr. Tauzin, Mr. Upton, Mr. Terry, Mr. Talent, Mr.
Royce, Mr. Barr of Georgia, Mr. Gary Miller of California, Mr. Stump,
Mr. Weldon of Florida, Mr. Tiahrt, Mr. Ryan of Wisconsin, Mr. Bereuter,
Mrs. Chenoweth, Mr. Nethercutt, Mr. Whitfield, Mr. Hunter, Mr. Bachus,
Mrs. Biggert, and Mr. Ney
June 7, 1999
Reported 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 italic]
[For text of introduced bill, see copy of bill as introduced on March
11, 1999]
_______________________________________________________________________
A BILL
To provide Governmentwide accounting of regulatory costs and benefits,
and for other purposes.
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 ``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 provided 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 reasonably
identifiable significant adverse 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.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Major rule.--The term ``major rule'' has the meaning
that term has under section 804(2) of title 5, United States
Code.
(6) Nonmajor rule.--The term ``nonmajor rule'' means any
rule, as that term is defined in section 804(3) of title 5,
United States Code, other than a major rule.
(7) Paperwork.--The term ``paperwork'' has the meaning
given the term ``collection of information'' under section 3502
of title 44, United States Code.
(8) Program component.--The term ``program 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 thereafter, the President, acting
through the Director of the Office of Management and Budget, shall
prepare and submit to the Congress an accounting statement and
associated report containing an estimate of the total annual costs and
benefits of Federal regulatory programs, including rules and
paperwork--
(1) in the aggregate;
(2) by agency, agency program, and program component; and
(3) by major rule.
(b) Additional Information.--In addition to the information
required under subsection (a), the President shall include in each
accounting statement under subsection (a) the following information:
(1) An analysis of impacts of Federal rules and paperwork
on Federal, State, local, and tribal government, the private
sector, small business, wages, consumer prices, and economic
growth, as well as on public health, public safety, the
environment, consumer protection, equal opportunity, and other
public policy goals.
(2) An identification and analysis of overlaps,
duplications, and potential inconsistencies among Federal
regulatory programs.
(3) Recommendations to reform inefficient or ineffective
regulatory programs or program components, including
recommendations for addressing market failures that are not
adequately addressed by existing regulatory programs or program
components.
(c) Net Benefits and Costs.--To the extent feasible, the Director
shall, in estimates contained in any submission under subsection (a),
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.
(d) Summary of Regulatory Activity.--The Director shall include in
each submission under subsection (a) a table stating the number of
major rules and the number of nonmajor rules issued by each agency in
the preceding fiscal year.
(e) Years Covered by Accounting Statement.--Each accounting
statement submitted under this section shall, at a minimum--
(1) cover expected costs and benefits for the fiscal 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.
(f) Delayed Application of Certain Requirements.--
(1) Application after first statement.--The following
requirements shall not apply to the first accounting statement
submitted under this section:
(A) The requirement under subsection (a)(2) to
include estimates with respect to program components.
(B) The requirement under subsection (b)(2).
(2) Application after second statement.--The requirement
under subsection (b)(1) to include analyses of impacts on
wages, consumer prices, and economic growth shall not apply to
the first and second accounting statements submitted under this
section.
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 section 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 Congressional Budget
Office on the statement and report or guidelines, respectively.
(b) Appendix.--After consideration of the comments, the Director
shall include an appendix to the report or guidelines, respectively,
addressing the public comments and peer review comments under section
7.
(c) Availability of Peer Review Comments.--To ensure openness, the
Director shall make all final peer review comments available in their
entirety to the public.
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 Advisers, shall
issue guidelines to agencies to standardize--
(1) most plausible measures of costs and benefits;
(2) the means of gathering information used to prepare
accounting statements under this Act, including information
required for impact analyses required under section 4(b)(1);
and
(3) the format of information provided for accounting
statements, including summary tables.
(b) Review.--The Director shall review submissions from the
agencies to ensure consistency with the guidelines 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 persons 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 reports, and guidelines.
(c) FACA.--Peer review under this section shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(d) Balance and Independence.--The Director shall ensure that--
(1) the persons that provide peer review under subsection
(a) are fairly balanced with respect to the points of view
represented;
(2) no person that provides peer review under subsection
(a) has a conflict of interest that is relevant to the
functions to be performed in the review; and
(3) the comments provided by those persons--
(A) are not inappropriately influenced by any
special interest; and
(B) are the result of independent judgment.
Union Calendar No. 93
106th CONGRESS
1st Session
H. R. 1074
[Report No. 106-168]
_______________________________________________________________________
A BILL
To provide Governmentwide accounting of regulatory costs and benefits,
and for other purposes.
_______________________________________________________________________
June 7, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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