12 1 with the notice of a proposed rule (or in any case in which 2 the publication of a final rule is not preceded by a proposed 3 rule, with the final rule) a paperwork impact analysis. Each 4 paperwork impact analysis shall contain an evaluation of the 5 paperwork requirements to be imposed on the public by the 6 rule, including the estimated cost of compliance by the public 7 and the estimated number of man-hours required for compli8 ance, and an analysis of whether the agency could obtain the 9 information sought from the public under the rule from alter10 native sources, including other Federal agencies. 11 (b) If an agency publishes a notice of a proposed rule or 12 a final rule for which a paperwork impact analysis is required 13 under subsection (a), the agency shall transmit a notice to the 14 appropriate authorizing committees of the Congress. Such 15 notice shall include a copy of the proposed or final rule and a 16 copy of the paperwork impact analysis for such rule. 17 (c) Within three years after the date of enactment of this 18 Act, and every three years thereafter, each agency shall pre19 pare and transmit, a report to the Congress concerning the 20 paperwork requirements of the agency which require a re21 sponse from more than ten members of the public. Such 22 report shall include an analysis of the estimated cost of com23 pliance by the public with the paperwork requirements of the 24 agency, and a justification of the need of the agency for the 25 information required from the public, including a certification 13 1 that such information cannot be obtained from other Federal 2 agencies. 3 4 APPLICABILITY SEC. 13. The provisions of this Act shall not apply to 5 rules 6 7 8 9 (1) issued with respect to a military or foreign af fairs function of the United States; or (2) concerning matters related to agency manage ment or personnel. 50-982 08043 To provide for the regulatory analysis of proposed rules and the review of existing rules by the agencies, to make other improvements in regulatory procedures, to establish the Administrative Conference of the United States, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 31 (legislative day, JANUARY 15), 1979 Mr. RIBICOFF (for himself, Mr. PERCY, Mr. KENNEDY, Mr. BAKER, Mr. COHEN, Mr. EAGLETON, Mr. GLENN, Mr. JAVITS, Mr. LEAHY, Mr. LEVIN, Mr. LONG, Mr. MATHIAS, Mr. METZENBAUM, Mr. NUNN, Mr. PROXMIRE, Mr. PRYOR, Mr. ROTH, and Mr. TALMADGE) introduced the following bill; which was read twice and referred jointly, by unanimous consent, to the Committees on Governmental Affairs and the Judiciary, with instructions that after one committee orders the bill reported, the other shall have 45 days in which to report or be deemed discharged from further consideration A BILL To provide for the regulatory analysis of proposed rules and the review of existing rules by the agencies, to make other improvements in regulatory procedures, to establish the Administrative Conference of the United States, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 2 1 That this Act may be cited as the "Reform of Federal Regu 2 lation Act of 1979". 3 4 5 TITLE I-THE ANALYSIS, PLANNING AND MANAGEMENT OF REGULATORY FUNCTIONS FINDINGS AND PURPOSES SEC. 101. The Congress finds and declares that— (1) the agency decisionmaking process should be rational and systematic, and should examine the need for proposed action as well as practical alternatives, projected consequences, anticipated achievements, and other impacts of such action; (2) to assure effective regulatory decisions, consideration of the justifications for, consequences of, and alternatives to proposed agency action should occur at an early stage in the decisionmaking process; (3) to ensure a full and balanced discussion of the desirability of proposed agency action and its alternatives, each agency should maximize the opportunity for timely and meaningful public comment in the decision making process; (4) good planning and management procedures, including the establishment and observance by the agency of deadlines for completing action on proposed regulations, should be adopted to help each agency 3 1 2 3 4 5 6 7 avoid unnecessary delay and make the regulatory proc ess as efficient as possible; and (5) the head of each agency should be responsible for assuring full and effective achievement of the pur poses of this Act. IMPROVING THE REGULATORY PROCESS SEC. 102. Title 5, United States Code, is amended by 8 adding immediately after chapter 5 the following new 9 chapter: 10 11 12 13 "CHAPTER 6—THE ANALYSIS, PLANNING AND MANAGEMENT OF REGULATORY FUNCTIONS "SUBCHAPTER I-ANALYSIS OF REGULATORY PROPOSALS "601. Definitions. "602. Initial regulatory analysis. "603. Final regulatory analysis. "604. Elimination of duplicative analyses. "605. Conditions for waiver. "606. Review by the Congressional Budget Office. "607. Judicial review. "SUBCHAPTER II-ESTABLISHING REGULATORY PRIORITIES AND SCHEDULES FOR COMPLETING PROCEEDINGS "621. Definition of regulatory functions. "622. Agenda of regulatory priorities. "623. Establishment of deadlines. "624. Annual report on regulatory activities. "625. Offices for regulatory planning and management. "SUBCHAPTER I-ANALYSIS OF REGULATORY PROPOSALS |