[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3269 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3269
To establish an independent advisory committee to review certain
regulations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2019
Mr. Gottheimer (for himself, Mr. Rodney Davis of Illinois, Mr. Kind,
and Mr. Yoho) introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committee on
Rules, 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
_______________________________________________________________________
A BILL
To establish an independent advisory committee to review certain
regulations, 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 Improvement Act of
2019''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Commission'' means the Regulatory
Improvement Commission established under section 3;
(2) the term ``commission bill'' means a bill consisting of
the proposed legislative language of the Commission recommended
under section 4(h)(2)(C) and introduced under section 4(i)(1);
and
(3) the term ``covered regulation'' means a regulation that
has been finalized not later than 10 years before the date on
which the Commission is established.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established in the legislative branch
a commission to be known as the ``Regulatory Improvement Commission''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 9
members, of whom--
(A) 1 member shall be appointed by the President,
and shall serve as the Chairperson of the Commission;
(B) 2 members shall be appointed by the majority
leader of the Senate;
(C) 2 members shall be appointed by the minority
leader of the Senate;
(D) 2 members shall be appointed by the Speaker of
the House of Representatives; and
(E) 2 members shall be appointed by the minority
leader of the House of Representatives.
(2) Date.--The appointment of the members of the Commission
shall be made not later than 60 days after the date of
enactment of this Act.
(3) Qualifications.--
(A) Chair.--The Chair of the Commission shall be an
individual with expertise and experience in rulemaking,
such as past Administrators of the Office of
Information and Regulatory Affairs, past chairmen of
the Administrative Conference of the United States, and
other individuals with similar expertise and experience
in rulemaking affairs and the administration of
regulatory reviews.
(B) Members.--Members appointed to the Commission
shall be prominent citizens of the United States with
national recognition and a significant depth of
experience and responsibilities in matters relating to
government service, regulatory policy, economics,
Federal agency management, public administration, and
law.
(4) Limitation.--Not more than 5 members appointed to the
Commission may be from the same political party.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Open to the Public.--Each meeting of the Commission shall be
open to the public, unless a member objects.
(g) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(h) Nonapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Purpose.--The purpose of the Commission is to evaluate and
provide recommendations for modification, consolidation, or repeal of
covered regulations with the aim of reducing compliance costs,
encouraging growth and innovation, and improving competitiveness, all
while protecting public health and safety.
(b) Requirements.--In carrying out subsection (a), the Commission
shall--
(1) give priority in its analysis of covered regulations to
those that--
(A) impose disproportionately high costs on a small
entity (as defined in section 601 of title 5, United
States Code);
(B) impose substantial paperwork burdens; or
(C) could be strengthened in their effectiveness
while reducing regulatory costs;
(2) solicit and review comments from the public on the
covered regulations described this section; and
(3) develop a set of covered regulations to modify,
consolidate, or repeal to be submitted to Congress for an up-
or-down vote.
(c) Public Comments.--
(1) In general.--Not later than 60 days after the date of
the initial meeting of the Commission, the Commission shall
initiate a process to solicit and collect written
recommendations from the general public, interested parties,
Federal agencies, and other relevant entities regarding which
covered regulations should be examined.
(2) Submission of public comments.--The Commission shall
ensure that the process initiated under paragraph (1) allows
for recommendations to be submitted to the Commission through
the Web site of the Commission or by mail.
(3) Length of public comment period.--The period for the
submission of recommendations under this subsection shall end
120 days after the date on which the process is initiated under
paragraph (1).
(4) Publication.--At the end of the period for the
submission of recommendations under this subsection, all
submitted recommendations shall be published in the Federal
Register and on the Web site of the Commission.
(d) Commission Outreach.--
(1) In general.--During the public comment period described
in subsection (c), the Commission shall conduct public outreach
and convene focus groups to better inform the commissioners of
the public's interest and possible contributions to the work of
the Commission.
(2) Focus groups.--The focus groups required under
paragraph (1) shall include individuals affiliated with the
Office of Information and Regulatory Affairs, the
Administrative Conference of the United States, the offices
within Federal agencies responsible for small business affairs
and regulatory compliance, and, at the discretion of the
Commission, other relevant stakeholders from within or outside
the regulatory entities.
(e) Commission Review of Public Comments.--Not later than 45 days
after the date on which the period for the submission of
recommendations ends under subsection (c), the Commission shall convene
to review submitted recommendations and to identify covered regulations
to modify, consolidate, or eliminate.
(f) Examination of Regulations.--
(1) Process for examination.--In examining covered
regulations under this section, the Commission shall determine
the effectiveness of individual covered regulations, by using
multiple resources, including quantitative metrics, testimony
from industry and agency experts, and research from the staff
of the Commission.
(2) Deadline.--Not later than 1 year after the date on
which the Commission convenes under subsection (e), the
Commission shall complete a substantial examination of covered
regulations.
(g) Initial Report.--
(1) In general.--Not later than 1 year after the date on
which the Commission convenes under subsection (e), the
Commission shall publish, and make available to the public for
comment, a report, which shall include--
(A) the findings and conclusions of the Commission
for the improvement of covered regulations examined by
the Commission; and
(B) a list of recommendations for changes to the
covered regulations examined by the Commission, which
may include recommendations for modification,
consolidation, or repeal of such covered regulations.
(2) Requirement.--The report required under paragraph (1)
shall be approved by not fewer than 5 members of the
Commission.
(3) Availability of report.--The Commission shall make the
report required under paragraph (1) available through the Web
site of the Commission and in printed form.
(4) Public comment period.--During the 90-day period
beginning on the date on which the report required under
paragraph (1) is published, the Commission shall--
(A) solicit comments from the public on such
report, using the same process established under
subsection (c); and
(B) publish any comments received under
subparagraph (A) in the Federal Register and the Web
site of the Commission.
(5) Consultation.--
(A) In general.--Not later than 90 days after the
date on which the report required under paragraph (1)
is published, the Commission shall complete a
consultation with the chairman and ranking member of
the committees of jurisdiction in the House of
Representatives and Senate regarding the contents of
the report.
(B) Requirements.--The consultation required under
subparagraph (A) shall provide--
(i) the opportunity for the chair and
ranking member of the committees of
jurisdiction to provide substantive feedback or
recommendations related to the regulatory
changes contained in the report required under
paragraph (1); and
(ii) the opportunity for the chair and
ranking member of the committees of
jurisdiction to provide recommendations for
alternative means of achieving a reduction in
regulatory costs while maintaining the same
level of benefits to society.
(h) Report to Congress.--
(1) In general.--Not later than 90 days after the date on
which the 90-day period described in subsection (g)(4) ends,
the Commission shall--
(A) review any comments received under subsection
(g)(4);
(B) incorporate any relevant comments received
under subsection (g)(4) into the report required under
subsection (g)(1); and
(C) submit the revised report to Congress.
(2) Contents.--The revised report required to be submitted
to Congress under paragraph (1) shall include--
(A) the findings and conclusions of the Commission
for the improvement of covered regulations examined by
the Commission;
(B) a list of recommendations for changes to the
covered regulations examined by the Commission, which
may include recommendations for modification,
consolidation, or repeal of such covered regulations;
and
(C) recommended legislative language to implement
the recommendations in subparagraph (B).
(i) Congressional Consideration of Commission Report.--
(1) Introduction.--If approved by 5 members of the
Commission, as required under subsection (g)(2), the Commission
bill shall be introduced in the Senate (by request) on the next
day on which the Senate is in session by the majority leader of
the Senate or by a Member of the Senate designated by the
majority leader of the Senate and shall be introduced in the
House of Representatives (by request) on the next legislative
day by the majority leader of the House or by a Member of the
House designated by the majority leader of the House.
(2) Consideration in the house of representatives.--
(A) Referral and reporting.--Any committee of the
House of Representatives to which the commission bill
is referred shall report it to the House without
amendment not later than 30 days after the date on
which the commission bill is introduced under paragraph
(1). If a committee fails to report the commission bill
within that period, it shall be in order to move that
the House discharge the committee from further
consideration of the commission bill. Such a motion
shall not be in order after the last committee
authorized to consider the commission bill reports it
to the House or after the House has disposed of a
motion to discharge the commission bill. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion except 3
hours of debate equally divided and controlled by the
proponent and an opponent. If such a motion is adopted,
the House shall proceed immediately to consider the
commission bill in accordance with subparagraphs (B)
and (C). A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
(B) Proceeding to consideration.--After the last
committee authorized to consider the commission bill
reports it to the House or has been discharged (other
than by motion) from its consideration, it shall be in
order to move to proceed to consider the commission
bill in the House. Such a motion shall not be in order
after the House has disposed of a motion to proceed
with respect to the commission bill. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion. A motion to
reconsider the vote by which the motion is disposed of
shall not be in order.
(C) Consideration.--The commission bill shall be
considered as read. All points of order against the
commission bill and against its consideration are
waived. The previous question shall be considered as
ordered on the commission bill to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an opponent
and one motion to limit debate on the commission bill.
A motion to reconsider the vote on passage of the
commission bill shall not be in order.
(D) Vote on passage.--The vote on passage of the
commission bill shall occur not later than 60 days
after the date on which the commission bill is
discharged from the last committee authorized to
consider the commission bill.
(3) Consideration in the senate.--
(A) Committee consideration.--A commission bill
introduced in the Senate under paragraph (1) shall be
jointly referred to the committee or committees of
jurisdiction, which committees shall report the bill
without any revision and with a favorable
recommendation, an unfavorable recommendation, or
without recommendation, not later than 30 days after
the date on which the commission bill is introduced. If
any committee fails to report the bill within that
period, that committee shall be automatically
discharged from consideration of the bill, and the bill
shall be placed on the appropriate calendar.
(B) Motion to proceed.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order,
not later than 2 days of session after the date on
which a commission bill is reported or discharged from
all committees to which it was referred, for the
majority leader of the Senate or the majority leader's
designee to move to proceed to the consideration of the
commission bill. It shall also be in order for any
Member of the Senate to move to proceed to the
consideration of the commission bill at any time after
the conclusion of such 2-day period. A motion to
proceed is in order even though a previous motion to
the same effect has been disagreed to. All points of
order against the motion to proceed to the commission
bill are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the commission bill is agreed to, the commission bill
shall remain the unfinished business until disposed of.
(C) Consideration.--All points of order against the
commission bill and against consideration of the
commission bill are waived. Consideration of the
commission bill and of all debatable motions and
appeals in connection therewith shall not exceed a
total of 10 hours which shall be divided equally
between the majority and minority leaders or their
designees. A motion further to limit debate on the
commission bill is in order, shall require an
affirmative vote of a majority of the Members duly
chosen and sworn, and is not debatable. Any debatable
motion or appeal is debatable for not to exceed 1 hour,
to be divided equally between those favoring and those
opposing the motion or appeal. All time used for
consideration of the commission bill, including time
used for quorum calls and voting, shall be counted
against the total 10 hours of consideration.
(D) No amendments.--An amendment to the commission
bill, or a motion to postpone, or a motion to proceed
to the consideration of other business, or a motion to
recommit the commission bill, is not in order.
(E) Vote on passage.--If the Senate has voted to
proceed to the commission bill, the vote on passage of
the commission bill shall occur immediately following
the conclusion of the debate on a commission bill, and
a single quorum call at the conclusion of the debate if
requested. The vote on passage of the commission bill
shall occur not later than 60 days after the date on
which the commission bill is discharged from all
committees to which the commission bill was referred.
(F) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a commission bill
shall be decided without debate.
(4) Amendment.--The commission bill shall not be subject to
amendment in either the House of Representatives or the Senate.
(5) Consideration by the other house.--
(A) In general.--If, before passing the commission
bill, one House receives from the other a commission
bill--
(i) the commission bill of the other House
shall not be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no commission bill had
been received from the other House until the
vote on passage, when the commission bill
received from the other House shall supplant
the commission bill of the receiving House.
(B) Revenue measure.--This subsection shall not
apply to the House of Representatives if the commission
bill received from the Senate is a revenue measure.
(6) Rules to coordinate action with other house.--
(A) Treatment of commission bill of other house.--
If the Senate fails to introduce or consider a
commission bill under this section, the commission bill
of the House shall be entitled to expedited floor
procedures under this section.
(B) Treatment of companion measures in the
senate.--If following passage of the commission bill in
the Senate, the Senate then receives the commission
bill from the House of Representatives, the House-
passed commission bill shall not be debatable. The vote
on passage of the commission bill in the Senate shall
be considered to be the vote on passage of the
commission bill received from the House of
Representatives.
(C) Vetoes.--If the President vetoes the commission
bill, debate on a veto message in the Senate under this
section shall be 1 hour equally divided between the
majority and minority leaders or their designees.
(j) Notice to Regulatory Agencies.--
(1) Enactment of commission bill.--If the commission bill
is enacted into law, the President shall--
(A) not later than 7 days after the date on which
the commission bill is enacted into law--
(i) provide notice to the affected
regulatory agencies; and
(ii) publish notice of enactment in the
Federal Register and online; and
(B) require affected regulatory agencies to
implement the commission bill not later than 180 days
after the date on which the commission bill is enacted
into law.
(2) Failure to enact commission bill.--If the commission
bill is not enacted into law, the President shall provide
notice of such failure to enact the commission bill in the
Federal Register.
(k) Adjournment of Congress.--If the commission bill is introduced
less than 60 session days or 60 legislative days before the date on
which Congress adjourns sine die--
(1) the commission bill shall be introduced in both Houses
on the date on which the succeeding Congress first convenes its
next session; and
(2) subsection (i) shall apply to the commission bill
during the succeeding Congress.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purpose of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(e) Space for Use of Commission.--Not later than 60 days after the
date of enactment of this Act, the Administrator of General Services
shall support on a reimbursable basis the operations of the Commission,
including the identification of suitable space to house the Commission.
If the Administrator is not able to make such suitable space available
within the 60-day period, the Commission shall lease space to the
extent that funds are available.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission shall
be compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the
performance of the duties of the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(3) Agency assistance.--Following consultation with and
upon the request of the Chairman of the Commission, the head of
any agency may detail an employee of the agency to the
Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status or
privilege.
(4) GAO and oira assistance.--The Comptroller General of
the United States and the Administrator of the Office of
Information and Regulatory Affairs shall provide assistance,
including the detailing of employees, to the Commission in
accordance with an agreement entered into with the Commission.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(e) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
(f) Administrative Support.--Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission,
on a reimbursable basis, the administrative support services necessary
for the Commission to carry out its responsibilities under this Act.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 4.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to the Commission to carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
<all>
Regulatory Improvement Act of 2019
#3269 | HR Congress #116
Policy Area: Government Operations and Politics
Last Action: Referred to the Committee on Oversight and Reform, and in addition to the Committee on Rules, 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. (6/13/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text