59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–388 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 712) TO IMPOSE CERTAIN LIMITATIONS ON CONSENT DECREES AND SETTLEMENT AGREEMENTS BY AGENCIES THAT REQUIRE THE AGENCIES TO TAKE REGULATORY ACTION IN ACCORDANCE WITH THE TERMS THEREOF, AND FOR 

OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 1155) TO PROVIDE FOR THE ESTABLISHMENT OF A PROCESS FOR 

THE REVIEW OF RULES AND SETS OF RULES, AND FOR OTHER PURPOSES 

JANUARY 5, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. COLLINS of Georgia, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 580] 

The Committee on Rules, having had under consideration House 

Resolution 580, by a record vote of 8 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act of 2015, under 

a structured rule. The resolution provides one hour of general debate with 40 minutes equally divided and controlled by the chair 

and ranking minority member of the Committee on the Judiciary 

and 20 minutes equally divided and controlled by the chair and 

ranking minority member of the Committee on Oversight and Government Reform. The resolution waives all points of order against 

consideration of the bill. The resolution makes in order as original 

text for the purpose of amendment an amendment in the nature of 

a substitute consisting of the text of Rules Committee Print 114– 

37 and provides that it shall be considered as read. The resolution 

waives all points of order against that amendment in the nature 

of a substitute. The resolution makes in order only those further 

amendments printed in part A of this report. Each such amendment may be offered only in the order printed in this report, may 

be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject 

to a demand for division of the question in the House or in the 


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Committee of the Whole. The resolution waives all points of order 

against the amendments printed in part A of this report. The resolution provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

1155, the SCRUB Act of 2015, under a structured rule. The resolution provides one hour of general debate equally divided among and 

controlled by the chairs and ranking minority members of the Committee on the Judiciary and the Committee on Oversight and Government Reform. The resolution waives all points of order against 

consideration of the bill. The resolution provides that the bill shall 

be considered as read. The resolution waives all points of order 

against provisions in the bill. The resolution makes in order only 

those amendments printed in part B of this report. Each such 

amendment may be offered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this report equally divided and controlled by the proponent and an 

opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the 

Committee of the Whole. The resolution waives all points of order 

against the amendments printed in part B of this report. The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 712, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

The waiver of all points of order against the amendment in the 

nature of a substitute to H.R. 712 made in order as original text 

includes a waiver of clause 7 of rule XVI, which requires that no 

motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. However, it 

is important to note that Rules Committee Print 114–37 contains 

the texts of H.R. 712 and H.R. 690 as reported by the Committee 

on the Judiciary, and H.R. 1759 as reported by the Committees on 

Oversight and Government Reform and the Judiciary; with conforming changes. 

Although the resolution waives all points of order against the 

amendments to H.R. 712 printed in part A of this report, the Committee is not aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 1155, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 1155, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments to H.R. 1155 printed in part B of this report, the 

Committee is not aware of any points of order. The waiver is prophylactic in nature. 


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COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 134 

Motion by Ms. Slaughter to report open rules for H.R. 712 and 

H.R. 1155. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 135 

Motion by Ms. Foxx to report the rule. Adopted: 8–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS TO H.R. 712 IN PART A MADE IN

ORDER

1. Goodlatte (VA), Chaffetz (UT): MANAGER’S Includes a small 

number of revisions in the nature of technical and conforming 

changes to clarify provisions that state deadlines, reformat section 

nomenclature and headings, and improve typography or grammar. 

(10 minutes) 

2. Johnson, Hank (GA): Inserts an exception for any rule, consent 

decree, or settlement agreement that the Director of the Office of 

Management and Budget determines would result in net job creation and whose benefits exceeds its costs. (10 minutes) 

3. Cummings (MD), Connolly (VA): Strikes section 653 as created 

by Title II of the bill (Requirement for Rules to Appear in AgencySpecific Monthly Publications). (10 minutes) 

4. Lynch (MA): Amends Title II of H.R. 712 by requiring federal 

agencies to provide an estimate of the benefits of proposed regulations. Would also require the Office of Information and Regulatory 

Affairs to include the total benefits of proposed and final agency 

rules in the annual cumulative assessment of agency rule making 

required by the bill. (10 minutes) 

5. Foxx (NC), Messer, Luke (IN): Requires monthly reporting of 

unfunded mandates by agencies to OIRA; requires reporting of unVerDate Sep 11 2014 05:05 Jan 06, 2016 Jkt 059008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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funded mandates imposed in OIRA’s annual cumulative assessment of agency rule making. (10 minutes) 

6. Jackson Lee (TX): Clarifies that the exception to the rule 

should take effect in the event that there is a threat to health or 

safety or other emergency and not only when such threat is imminent. (10 minutes) 

7. Cummings (MD), Connolly (VA): Exempts independent establishments from the requirements of Title II of the bill. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 1155 IN PART B MADE IN

ORDER

1. Foxx (NC), Messer, Luke (IN): Adds consideration of unfunded 

mandates to the Commission’s review of rules. (10 minutes) 

2. Schweikert (AZ): Adds a new subsection (I) under 101(h)(2) requiring the commission to consider rules that are limiting or prohibiting government agencies from adopting technology to improve 

efficiency and effectiveness. (10 minutes) 

3. Walberg (MI): Directs the Commission to highlight the role 

regulations have on wage stagnation and income inequality by examining the negative impact of regulations on wages, including 

wages for minimum wage and part-time workers. (10 minutes) 

4. Johnson, Hank (GA): Strikes title II of the bill, eliminating the 

legislation’s regulatory ‘‘cut-go’’ process, which requires that agencies eliminate rules identified by the Regulatory Retrospective Review Commission prior to issuing a new rule. (10 minutes) 

5. Cummings (MD), Connolly (VA): Strikes Title IV of the bill 

(Judicial Review). (10 minutes) 

6. Cummings (MD), Connolly (VA): Exempts independent establishments from the requirements of the bill. (10 minutes) 

7. Cicilline (RI): Exempts rules made by the Secretary of Veterans Affairs from the additional provisions of the legislation. (10 

minutes) 

8. DelBene (WA): Creates an exemption from regulatory ‘‘cut-go’’ 

requirements in the case of an emergency. (10 minutes) 

9. Jackson Lee (TX): Provides that the term ‘‘rule’’ has the meaning given in section 551 of title 5, United States Code, except for 

a special rule as made by the Secretary of Homeland Security. (10 

minutes) 

10. Pocan (WI): Exempts from the bill rules put forth by the FDA 

for the purposes of consumer safety. (10 minutes) 

11. Murphy, Patrick (FL), Carney (DE), Peters, Scott (CA): SUBSTITUTE Establishes an independent advisory committee to review certain regulations, and for other purposes. (10 minutes) 

PART A—TEXT OF AMENDMENTS TO H.R 712 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOODLATTE OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 16, line 5, strike the comma after ‘‘chapter 6’’. 

Page 16, after line 10, strike the table of sections for chapter 6A 

of title 5, United States Code, as inserted by section 202(a) of the 

bill, and insert the following: 

‘‘651. Agency monthly submission to Office of Information and Regulatory Affairs. 

‘‘652. Office of Information and Regulatory Affairs publications. 


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‘‘653. Requirement for rules to appear in agency-specific monthly publication. 

‘‘654. Definitions. 

Page 16, line 11, strike ‘‘SEC. 651. AGENCY MONTHLY SUBMISSION

TO OFFICE OF INFORMATION AND REGULATORY AFFAIRS.’’ and insert ‘‘§ 651. Agency monthly submission to Office of Information and Regulatory Affairs’’. 

Page 16, line 19, strike ‘‘following year’’ and insert ‘‘12-month period following the month covered by the monthly submission’’. 

Page 17, line 19, strike ‘‘for which’’ and insert ‘‘that’’. 

Page 17, line 20, strike ‘‘the following year and has issued’’ and 

insert ‘‘the 12-month period following the month covered by the 

monthly submission and for which the agency has issued’’. 

Page 18, line 17, strike ‘‘rule. If such estimate is not’’ and insert 

‘‘rule, or, if no such estimate is’’. 

Page 18, line 22, strike ‘‘SEC. 652. OFFICE OF INFORMATION AND

REGULATORY AFFAIRS PUBLICATIONS.’’ and insert ‘‘§ 652. Office 

of Information and Regulatory Affairs publications’’. 

Page 19, line 8, insert after a comma ‘‘shall publish’’. 

Page 19, line 9, strike ‘‘for the previous year the following:’’ and 

insert the following: ‘‘the following, with respect to the previous 

year:’’. 

Page 22, line 1, strike ‘‘SEC. 653. REQUIREMENT FOR RULES TO

APPEAR IN AGENCY-SPECIFIC MONTHLY PUBLICATION.’’ and insert 

‘‘§ 653. Requirement for rules to appear in agency-specific 

monthly publication’’. 

Page 22, line 21, strike ‘‘SEC. 654. DEFINITIONS.’’ and insert ‘‘§ 

654. Definitions’’. 

Page 23, line 2, strike the comma after ‘‘chapter 5’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In the table of contents of the bill, insert after item pertaining 

to section 302 the following: 

TITLE IV—GENERAL EXEMPTION FOR CERTAIN RULES 

Sec. 401. Exemption of certain rules, and consent decrees or settlement agreements, from the provisions of this Act. 

Add, at the end of the bill, the following: 

TITLE IV—GENERAL EXEMPTION FOR 

CERTAIN RULES 

SEC. 401. EXEMPTION OF CERTAIN RULES, AND CONSENT DECREES 

OR SETTLEMENT AGREEMENTS, FROM THE PROVISIONS 

OF THIS ACT. 

Notwithstanding any other provision of law, the provisions of 

this Act and the amendments made by this Act shall not apply in 

the case of a rule that the Director of the Office of Management 

and Budget determines would result in net job creation and whose 

benefits exceeds its cost, or a consent decree or settlement agreement pertaining to such a rule. In the case of such a rule, consent 

decree, or settlement agreement, the provisions of law amended by 


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this Act shall apply as though such amendments had not been 

made. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUMMINGS

OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 16, strike the table of sections for chapter 6A of title 5, 

United States Code, as inserted by section 202(a) of the bill, and 

insert the following: 

‘‘651. Agency monthly submission to Office of Information and Regulatory Affairs. 

‘‘652. Office of Information and Regulatory Affairs publications. 

‘‘653. Definitions. 

Page 22, strike line 1, and all that follows through line 20. 

amend the table of contents accordingly. 

Page 22, line 21, strike ‘‘SEC. 654. DEFINITIONS’’ and insert ‘‘§ 

653. Definitions’’. 

Page 24, strike line 8 and all that follows through line 12. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LYNCH OF

MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 12, strike ‘‘and’’. 

Page 18, line 21, strike the period and insert ‘‘; and’’. 

Page 18, after line 21, insert the following: 

‘‘(D) any estimate of the benefits of the rule. 

Page 20, after line 21, insert the following: 

‘‘(E) The total benefits of all rules proposed or finalized, 

and the number of rules for which an estimate of the benefits of the rule was not available. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 14, insert after ‘‘including’’ the following: ‘‘the imposition of unfunded mandates and’’. 

Page 20, line 19, insert after ‘‘or finalized,’’ the following: ‘‘the 

total cost of any unfunded mandates imposed by all such rules,’’. 

Page 22, line 24, insert after ‘‘section 551’’ the following: ‘‘, and 

the term ‘unfunded mandate’ has the meaning given the term ‘Federal mandate’ in section 421(6) of the Congressional Budget Act of 

1974 (2 U.S.C. 658(6)).’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 22, line 14, strike ‘‘an imminent’’ and insert ‘‘a’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUMMINGS

OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 22, line 24, insert before the period the following: ‘‘, except 

that the term ‘agency’ does not include an independent establishment as defined in section 104’’. 


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PART B—TEXT OF AMENDMENTS TO H.R. 1155 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 10, line 13, insert after ‘‘paperwork burdens’’ the following 

‘‘or unfunded mandates’’. 

Page 11, line 12, insert after ‘‘enforcement’’ the following: ‘‘, imposition of unfunded mandates,’’. 

Page 12, line 9, insert after ‘‘ excessive compliance costs’’ the following: ‘‘, imposes unfunded mandates,’’. 

Page 25, insert after line 4 the following: 

(n) DEFINITION.—In this section, the term ‘‘unfunded mandate’’ 

has the meaning given the term ‘‘Federal mandate’’ in section 

421(6) of the Congressional Budget Act of 1974 (2 U.S.C. 658(6)). 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHWEIKERT OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 13, insert after line 12 the following: 

(I) Whether or not the rule or set of rules limits or prevents an agency from applying new or emerging technologies to improve efficiency and effectiveness of government. 

Page 13, line 13, strike ‘‘(I)’’ and insert ‘‘(J)’’. 

Page 17, line 24, strike ‘‘(G), or (H)’’ and insert ‘‘(G), (H), or (I)’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALBERG

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 13, insert after line 12 the following: 

(I) Whether the rule or set of rules harms wage growth, 

including wage growth for minimum wage and part-time 

workers. 

Page 13, line 13, strike ‘‘(I)’’ and insert ‘‘(J)’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning on page 25, strike line 5, and all that follows through 

page 27, line 13. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUMMINGS

OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike title IV. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUMMINGS

OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 28, line 22, insert before the period the following: ‘‘, except 

that the term does not include an independent establishment as defined in section 104 of such title’’. 


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7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CICILLINE

OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 29, line 21, insert after ‘‘Code’’ the following: ‘‘, except for 

a special rule’’. 

Page 29, insert after line 24 the following: 

(6) SPECIAL RULE.—The term ‘‘special rule’’ means a rule 

made by the Secretary of Veterans Affairs. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELBENE

OF WASHINGTON OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 29, line 21, insert after ‘‘Code’’ the following: ‘‘, except for 

a special rule’’. 

Page 29, insert after line 24 the following: 

(6) SPECIAL RULE.—The term ‘‘special rule’’ means a rule 

made by an agency in response to an emergency. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 29, line 21, insert after ‘‘Code’’ the following: ‘‘, except for 

a special rule’’. 

Page 29, insert after line 24 the following: 

(6) SPECIAL RULE.—The term ‘‘special rule’’ means a rule 

made by the Secretary of Homeland Security. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POCAN OF

WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 29, line 21, insert after ‘‘Code’’ the following: ‘‘, except for 

a special rule’’. 

Page 29, insert after line 24 the following: 

(6) SPECIAL RULE.—The term ‘‘special rule’’ means a rule pertaining to consumer safety made by the Commissioner of Food 

and Drugs, including any rule made under the FDA Food Safety Modernization Act. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MURPHY

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Regulatory Improvement Act of 

2015’’. 

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 


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(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. 


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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, 

all while protecting public health and safety, encouraging growth 

and innovation, and improving competitiveness. 

(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 website 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 website 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 


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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 

website 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 website 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 


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(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) NOTICE TO REGULATORY AGENCIES.— (1) ENACTMENT OF COMMISSION BILL.—If the commission bill 

is enacted into law before the first date on which Congress adjourns sine die after such bill is introduced, 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; 

(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 before the first date on which Congress adjourns sine die after such bill is introduced, the President shall provide notice of such failure to enact the commission bill in the Federal Register. 

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, 


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13 

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 


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14 

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. 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS