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H.R. 5429, SEC Regulatory Accountability Act 1 (September 13, 2016)

handle is hein.congrec/cbo3187 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                September 13, 2016



                                  H.R. 5429
                     SEC Regulatory Accountability Act

  As ordered reported by the House Committee on Financial Services on June 16, 2016


H.R. 5429 would specify several new requirements for the Securities and Exchange
Commission (SEC) to meet when developing or amending regulations. The bill would
direct the SEC to expand the scope of its analysis of the effects of regulations to include an
assessment of the problem the proposed regulation is designed to address, its costs and
benefits, and available alternatives, and would require the SEC to review and consider
modifying its regulations every five years. Under the bill, when adopting or amending rules
expected to have an economic impact greater than $100 million annually, the SEC would
need to develop and publish a plan to assess whether the regulation has achieved its stated
purpose. Within two years of publishing such a rule, the bill would require the SEC to
publish a report on the rules' costs, benefits, and other consequences using the performance
measures identified in the plan issued when the rule was adopted.

H.R. 5429 also would prohibit rules adopted by the Municipal Securities Rulemaking
Board or any national securities association from taking effect unless the SEC determines
that the board or association completed the same level of analysis for the rule that the SEC
would complete, under the bill, in its own rulemaking process. Under current law, the SEC
reviews and approves the rules of the affected organizations.

Based on an analysis of information from the SEC about the number of staff required to
undertake similar analyses of agency rules, CBO estimates that implementing H.R. 5429
would require 24 additional staff (less than a 1 percent increase in the agency's 2015
staffing level) to handle the new rulemaking, reporting, and analytical activities required
under the bill. At an average cost of about $250,000 per employee, CBO estimates those
additional employees would cost $27 million over the 2017-2021 period. Such spending
would be subject to appropriation. Under current law, the SEC is authorized to collect fees
sufficient to offset its annual appropriation; therefore, CBO estimates that the net effect on
discretionary spending would be negligible, assuming appropriations actions consistent
with that authority.

Enacting H.R. 5429 would not affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply. CBO estimates that enacting H.R. 5429 would not increase net

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