II 

113TH CONGRESS 

1ST SESSION S. 1390 

To establish an independent advisory committee to review certain regulations, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2013 

Mr. KING (for himself and Mr. BLUNT) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To establish an independent advisory committee to review 

certain regulations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Improve5 ment Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Commission’’ means the Regu9 latory Improvement Commission established under 

10 section 3; 


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1 (2) the term ‘‘commission bill’’ means a bill 

2 consisting of the proposed legislative language of the 

3 Commission recommended under section 4(f)(2)(C) 

4 and introduced under section 4(g)(1); and 

5 (3) the term ‘‘covered regulation’’ means a reg6 ulation that— 

7 (A) has been finalized not later than 10 

8 years before the date on which the Commission 

9 is established; and 

10 (B) has not been amended after being fi11 nalized. 

12 SEC. 3. ESTABLISHMENT OF COMMISSION. 

13 (a) ESTABLISHMENT.—There is established in the 

14 legislative branch a commission to be known as the ‘‘Regu15 latory Improvement Commission’’. 

16 (b) MEMBERSHIP.— 

17 (1) COMPOSITION.—The Commission shall be 

18 composed of 9 members, of whom— 

19 (A) 1 member shall be appointed by the 

20 President, and shall serve as the Chairperson of 

21 the Commission; 

22 (B) 2 members shall be appointed by the 

23 majority leader of the Senate; 

24 (C) 2 members shall be appointed by the 

25 minority leader of the Senate; 


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1 (D) 2 members shall be appointed by the 

2 Speaker of the House of Representatives; and 

3 (E) 2 members shall be appointed by the 

4 minority leader of the House of Representa5 tives. 

6 (2) DATE.—The appointment of the members 

7 of the Commission shall be made not later than 45 

8 days after the date of enactment of this Act. 

9 (3) QUALIFICATIONS.—Members appointed to 

10 the Commission shall be prominent citizens of the 

11 United States with national recognition and a sig12 nificant depth of experience and responsibilities in 

13 matters relating to government service, regulatory 

14 policy, economics, Federal agency management, pub15 lic administration, and law. 

16 (4) LIMITATION.—Not more than 5 members 

17 appointed to the Commission may be from the same 

18 political party. 

19 (5) PROHIBITION.—The members of the Com20 mission may not be employees of the Federal Gov21 ernment. 

22 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem23 bers shall be appointed for the life of the Commission. Any 

24 vacancy in the Commission shall not affect its powers, but 


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1 shall be filled in the same manner as the original appoint2 ment. 

3 (d) INITIAL MEETING.—Not later than 30 days after 

4 the date on which all members of the Commission have 

5 been appointed, the Commission shall hold its first meet6 ing. 

7 (e) MEETINGS.—The Commission shall meet at the 

8 call of the Chairman. 

9 (f) OPEN TO THE PUBLIC.—Each meeting of the 

10 Commission shall be open to the public, unless a member 

11 objects. 

12 (g) QUORUM.—Five members of the Commission 

13 shall constitute a quorum, but a lesser number of members 

14 may hold hearings. 

15 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY

16 COMMITTEE ACT.—The Federal Advisory Committee Act 

17 (5 U.S.C. App.) shall not apply to the Commission. 

18 SEC. 4. DUTIES OF THE COMMISSION. 

19 (a) PURPOSE.—The purpose of the Commission is to 

20 evaluate and provide recommendations for modification, 

21 consolidation, or repeal of covered regulations with the 

22 aim of reducing compliance costs, encouraging growth and 

23 innovation, and improving competitiveness, all while pro24 tecting public health and safety, by— 


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1 (1) soliciting and reviewing comments from the 

2 public; 

3 (2) developing a sector or area-specific body of 

4 covered regulations to research and review; and 

5 (3) developing a package of covered regulations 

6 to modify, consolidate, or repeal to be submitted to 

7 Congress for an up-or-down vote. 

8 (b) PUBLIC COMMENTS.— 

9 (1) IN GENERAL.—Not later than 30 days after 

10 the date of the initial meeting of the Commission, 

11 the Commission shall initiate a process to solicit and 

12 collect written recommendations from the general 

13 public, interested parties, Federal agencies, and 

14 other relevant entities regarding which covered regu15 lations should be examined. 

16 (2) SUBMISSION OF PUBLIC COMMENTS.—The 

17 Commission shall ensure that the process initiated 

18 under paragraph (1) allows for recommendations to 

19 be submitted to the Commission through the website 

20 of the Commission or by mail. 

21 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 

22 The period for the submission of recommendations 

23 under this subsection shall end 60 days after the 

24 date on which the process is initiated under para25 graph (1). 


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1 (4) PUBLICATION IN THE FEDERAL REG2 ISTER.—At the end of the period for the submission 

3 of recommendations under this subsection, all sub4 mitted recommendations shall be published in the 

5 Federal Register. 

6 (c) COMMISSION REVIEW OF PUBLIC COMMENTS.— 

7 Not later than 30 days after the date on which the period 

8 for the submission of recommendations ends under sub9 section (b), the Commission shall convene to review sub10 mitted recommendations and to identify a single sector or 

11 area of covered regulations to modify, consolidate, or 

12 eliminate. 

13 (d) EXAMINATION OF REGULATIONS.— 

14 (1) IN GENERAL.—Not later than 45 days after 

15 the date on which the Commission convenes under 

16 paragraph (1), the Commission shall decide which 

17 sector area of covered regulations to examine. 

18 (2) PROCESS FOR EXAMINATION.—In exam19 ining covered regulations under this section, the 

20 Commission shall determine the effectiveness of indi21 vidual covered regulations, by using multiple re22 sources, including quantitative metrics, testimony 

23 from industry and agency experts, and research 

24 from the staff of the Commission. 


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1 (3) DEADLINE.—Not later than 180 days after 

2 the date on which the Commission determines which 

3 sector or area of covered regulations to examine 

4 under paragraph (1), the Commission shall complete 

5 a substantial examination of such covered regula6 tions. 

7 (e) INITIAL REPORT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date on which the Commission determines 

10 which sector or area of covered regulations to exam11 ine under subsection (d)(1), the Commission shall 

12 publish, and make available to the public for com13 ment, a report, which shall include— 

14 (A) the findings and conclusions of the 

15 Commission for the improvement of covered 

16 regulations examined by the Commission; and 

17 (B) a list of recommendations for changes 

18 to the covered regulations examined by the 

19 Commission, which may include recommenda20 tions for modification, consolidation, or repeal 

21 of such covered regulations. 

22 (2) REQUIREMENT.—The report submitted 

23 under paragraph (1) shall be approved by not fewer 

24 than 5 members of the Commission. 


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1 (3) AVAILABILITY OF REPORT.—The Commis2 sion shall make the report required under paragraph 

3 (1) available through the website of the Commission 

4 and in printed form. 

5 (4) PUBLIC COMMENT PERIOD.—During the 

6 45-day period beginning on the date on which the 

7 report required under paragraph (1) is published, 

8 the Commission shall— 

9 (A) solicit comments from the public on 

10 such report, using the same process established 

11 under subsection (b); and 

12 (B) publish any comments received under 

13 subparagraph (A) in the Federal Register. 

14 (f) REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than 45 days after 

16 the date on which the 45-day period described in 

17 subsection (e)(4) ends, the Commission shall— 

18 (A) review any comments received under 

19 subsection (e)(4); 

20 (B) incorporate any relevant comments re21 ceived under subsection (e)(4) into the report 

22 required under subsection (e)(1); and 

23 (C) submit the revised report to Congress. 


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1 (2) CONTENTS.—The revised report required to 

2 be submitted to Congress under paragraph (1) shall 

3 include— 

4 (A) the findings and conclusions of the 

5 Commission for the improvement of covered 

6 regulations examined by the Commission; 

7 (B) a list of recommendations for changes 

8 to the covered regulations examined by the 

9 Commission, which may include recommenda10 tions for modification, consolidation, or repeal 

11 of such covered regulations; and 

12 (C) recommended legislative language to 

13 implement the recommendations in subpara14 graph (B). 

15 (g) CONGRESSIONAL CONSIDERATION OF COMMIS16 SION REPORT.— 

17 (1) INTRODUCTION.—If approved by 5 members 

18 of the Commission, as required under subsection 

19 (e)(2), the commission bill shall be introduced in the 

20 Senate (by request) on the next day on which the 

21 Senate is in session by the majority leader of the 

22 Senate or by a Member of the Senate designated by 

23 the majority leader of the Senate and shall be intro24 duced in the House of Representatives (by request) 

25 on the next legislative day by the majority leader of 


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1 the House or by a Member of the House designated 

2 by the majority leader of the House. 

3 (2) CONSIDERATION IN THE HOUSE OF REP4 RESENTATIVES.— 

5 (A) REFERRAL AND REPORTING.—Any 

6 committee of the House of Representatives to 

7 which the commission bill is referred shall re8 port it to the House without amendment not 

9 later than 30 days after the date on which the 

10 commission bill is introduced under paragraph 

11 (1). If a committee fails to report the commis12 sion bill within that period, it shall be in order 

13 to move that the House discharge the com14 mittee from further consideration of the com15 mission bill. Such a motion shall not be in order 

16 after the last committee authorized to consider 

17 the commission bill reports it to the House or 

18 after the House has disposed of a motion to 

19 discharge the commission bill. The previous 

20 question shall be considered as ordered on the 

21 motion to its adoption without intervening mo22 tion except 3 hours of debate equally divided 

23 and controlled by the proponent and an oppo24 nent. If such a motion is adopted, the House 

25 shall proceed immediately to consider the comVerDate Mar 15 2010 18:13 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1390.IS S1390

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1 mission bill in accordance with subparagraphs 

2 (B) and (C). A motion to reconsider the vote by 

3 which the motion is disposed of shall not be in 

4 order. 

5 (B) PROCEEDING TO CONSIDERATION.— 

6 After the last committee authorized to consider 

7 the commission bill reports it to the House or 

8 has been discharged (other than by motion) 

9 from its consideration, it shall be in order to 

10 move to proceed to consider the commission bill 

11 in the House. Such a motion shall not be in 

12 order after the House has disposed of a motion 

13 to proceed with respect to the commission bill. 

14 The previous question shall be considered as or15 dered on the motion to its adoption without in16 tervening motion. A motion to reconsider the 

17 vote by which the motion is disposed of shall 

18 not be in order. 

19 (C) CONSIDERATION.—The commission bill 

20 shall be considered as read. All points of order 

21 against the commission bill and against its con22 sideration are waived. The previous question 

23 shall be considered as ordered on the commis24 sion bill to its passage without intervening mo25 tion except 10 hours of debate equally divided 


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1 and controlled by the proponent and an oppo2 nent and one motion to limit debate on the 

3 commission bill. A motion to reconsider the vote 

4 on passage of the commission bill shall not be 

5 in order. 

6 (D) VOTE ON PASSAGE.—The vote on pas7 sage of the commission bill shall occur not later 

8 than 60 days after the date on which the com9 mission bill is discharged from the last com10 mittee authorized to consider the commission 

11 bill. 

12 (3) CONSIDERATION IN THE SENATE.— 

13 (A) COMMITTEE CONSIDERATION.—A com14 mission bill introduced in the Senate under 

15 paragraph (1) shall be jointly referred to the 

16 committee or committees of jurisdiction, which 

17 committees shall report the bill without any re18 vision and with a favorable recommendation, an 

19 unfavorable recommendation, or without rec20 ommendation, not later than 30 days after the 

21 date on which the commission bill is introduced. 

22 If any committee fails to report the bill within 

23 that period, that committee shall be automati24 cally discharged from consideration of the bill, 


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1 and the bill shall be placed on the appropriate 

2 calendar. 

3 (B) MOTION TO PROCEED.—Notwith4 standing Rule XXII of the Standing Rules of 

5 the Senate, it is in order, not later than 2 days 

6 of session after the date on which a commission 

7 bill is reported or discharged from all commit8 tees to which it was referred, for the majority 

9 leader of the Senate or the majority leader’s 

10 designee to move to proceed to the consider11 ation of the commission bill. It shall also be in 

12 order for any Member of the Senate to move to 

13 proceed to the consideration of the commission 

14 bill at any time after the conclusion of such 2- 

15 day period. A motion to proceed is in order 

16 even though a previous motion to the same ef17 fect has been disagreed to. All points of order 

18 against the motion to proceed to the commis19 sion bill are waived. The motion to proceed is 

20 not debatable. The motion is not subject to a 

21 motion to postpone. A motion to reconsider the 

22 vote by which the motion is agreed to or dis23 agreed to shall not be in order. If a motion to 

24 proceed to the consideration of the commission 


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1 bill is agreed to, the commission bill shall re2 main the unfinished business until disposed of. 

3 (C) CONSIDERATION.—All points of order 

4 against the commission bill and against consid5 eration of the commission bill are waived. Con6 sideration of the commission bill and of all de7 batable motions and appeals in connection 

8 therewith shall not exceed a total of 10 hours 

9 which shall be divided equally between the ma10 jority and minority leaders or their designees. A 

11 motion further to limit debate on the commis12 sion bill is in order, shall require an affirmative 

13 vote of a majority of the Members duly chosen 

14 and sworn, and is not debatable. Any debatable 

15 motion or appeal is debatable for not to exceed 

16 1 hour, to be divided equally between those fa17 voring and those opposing the motion or appeal. 

18 All time used for consideration of the commis19 sion bill, including time used for quorum calls 

20 and voting, shall be counted against the total 

21 10 hours of consideration. 

22 (D) NO AMENDMENTS.—An amendment to 

23 the commission bill, or a motion to postpone, or 

24 a motion to proceed to the consideration of 


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1 other business, or a motion to recommit the 

2 commission bill, is not in order. 

3 (E) VOTE ON PASSAGE.—If the Senate has 

4 voted to proceed to the commission bill, the vote 

5 on passage of the commission bill shall occur 

6 immediately following the conclusion of the de7 bate on a commission bill, and a single quorum 

8 call at the conclusion of the debate if requested. 

9 The vote on passage of the commission bill shall 

10 occur not later than 30 days after the date on 

11 which the commission bill is discharged from all 

12 committees to which the commission bill was re13 ferred. 

14 (F) RULINGS OF THE CHAIR ON PROCE15 DURE.—Appeals from the decisions of the Chair 

16 relating to the application of the rules of the 

17 Senate, as the case may be, to the procedure re18 lating to a commission bill shall be decided 

19 without debate. 

20 (4) AMENDMENT.—The commission bill shall 

21 not be subject to amendment in either the House of 

22 Representatives or the Senate. 

23 (5) CONSIDERATION BY THE OTHER HOUSE.— 


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1 (A) IN GENERAL.—If, before passing the 

2 commission bill, one House receives from the 

3 other a commission bill— 

4 (i) the commission bill of the other 

5 House shall not be referred to a com6 mittee; and 

7 (ii) the procedure in the receiving 

8 House shall be the same as if no commis9 sion bill had been received from the other 

10 House until the vote on passage, when the 

11 commission bill received from the other 

12 House shall supplant the commission bill 

13 of the receiving House. 

14 (B) REVENUE MEASURE.—This subsection 

15 shall not apply to the House of Representatives 

16 if the commission bill received from the Senate 

17 is a revenue measure. 

18 (6) RULES TO COORDINATE ACTION WITH

19 OTHER HOUSE.— 

20 (A) TREATMENT OF COMMISSION BILL OF

21 OTHER HOUSE.—If the Senate fails to introduce 

22 or consider a commission bill under this section, 

23 the commission bill of the House shall be enti24 tled to expedited floor procedures under this 

25 section. 


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1 (B) TREATMENT OF COMPANION MEAS2 URES IN THE SENATE.—If following passage of 

3 the commission bill in the Senate, the Senate 

4 then receives the commission bill from the 

5 House of Representatives, the House-passed 

6 commission bill shall not be debatable. The vote 

7 on passage of the commission bill in the Senate 

8 shall be considered to be the vote on passage of 

9 the commission bill received from the House of 

10 Representatives. 

11 (C) VETOES.—If the President vetoes the 

12 commission bill, debate on a veto message in 

13 the Senate under this section shall be 1 hour 

14 equally divided between the majority and minor15 ity leaders or their designees. 

16 (h) NOTICE TO REGULATORY AGENCIES.— 

17 (1) ENACTMENT OF COMMISSION BILL.—If the 

18 commission bill is enacted into law, the President 

19 shall— 

20 (A) not later than 7 days after the date on 

21 which the commission bill is enacted into law— 

22 (i) provide notice to the affected regu23 latory agencies; and 

24 (ii) publish notice of enactment in the 

25 Federal register and online; and 


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1 (B) require affected regulatory agencies to 

2 implement the commission bill within 180 days 

3 after the date on which the commission bill is 

4 enacted into law. 

5 (2) FAILURE TO ENACT COMMISSION BILL.—If 

6 the commission bill is not enacted into law, the 

7 President shall provide notice of such failure to 

8 enact the commission bill in the Federal Register. 

9 (i) ADJOURNMENT OF CONGRESS.—If the commis10 sion bill is introduced less than 60 session days or 60 leg11 islative days before the date on which Congress adjourns 

12 sine die— 

13 (1) the commission bill shall be introduced in 

14 both Houses on the date on which the succeeding 

15 Congress first convenes its next session; and 

16 (2) subsection (g) shall apply to the commission 

17 bill during the succeeding Congress. 

18 SEC. 5. POWERS OF THE COMMISSION. 

19 (a) HEARINGS.—The Commission may hold such 

20 hearings, sit and act at such times and places, take such 

21 testimony, and receive such evidence as the Commission 

22 considers advisable to carry out this Act. 

23 (b) INFORMATION FROM FEDERAL AGENCIES.— 

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1 ment, bureau, agency, board, commission, office, 

2 independent establishment, or instrumentality of the 

3 Government, information, suggestions, estimates, 

4 and statistics for the purpose of this Act. Each de5 partment, bureau, agency, board, commission, office, 

6 independent establishment, or instrumentality shall, 

7 to the extent authorized by law, furnish such infor8 mation, suggestions, estimates, and statistics di9 rectly to the Commission, upon request made by the 

10 chairman, the chairman of any subcommittee cre11 ated by the Commission, or any member designated 

12 by a majority of the Commission. 

13 (2) RECEIPT, HANDLING, STORAGE, AND DIS14 SEMINATION.—Information shall only be received, 

15 handled, stored, and disseminated by members of 

16 the Commission and its staff consistent with all ap17 plicable statutes, regulations, and Executive orders. 

18 (c) POSTAL SERVICES.—The Commission may use 

19 the United States mails in the same manner and under 

20 the same conditions as other departments and agencies of 

21 the Federal Government. 

22 (d) GIFTS.—The Commission may accept, use, and 

23 dispose of gifts or donations of services or property. 

24 (e) SPACE FOR USE OF COMMISSION.—Not later 

25 than 60 days after the date of the enactment of this Act, 


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1 the Administrator of General Services will support on a 

2 reimbursable basis the operations of the Commission, in3 cluding the identification of suitable space to house the 

4 Commission. If the Administrator is not able to make such 

5 suitable space available within the 60-day period, the 

6 Commission shall lease space to the extent that funds are 

7 available. 

8 SEC. 6. COMMISSION PERSONNEL MATTERS. 

9 (a) COMPENSATION OF MEMBERS.—Each member of 

10 the Commission shall be compensated at a rate equal to 

11 the daily equivalent of the annual rate of basic pay pre12 scribed for level IV of the Executive Schedule under sec13 tion 5315 of title 5, United States Code, for each day (in14 cluding travel time) during which such member is engaged 

15 in the performance of the duties of the Commission. 

16 (b) TRAVEL EXPENSES.—The members of the Com17 mission shall be allowed travel expenses, including per 

18 diem in lieu of subsistence, at rates authorized for employ19 ees of agencies under subchapter I of chapter 57 of title 

20 5, United States Code, while away from their homes or 

21 regular places of business in the performance of services 

22 for the Commission. 

23 (c) STAFF.— 

24 (1) IN GENERAL.—The Chairman of the Com25 mission may, without regard to the civil service laws 


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1 and regulations, appoint and terminate an executive 

2 director and such other additional personnel as may 

3 be necessary to enable the Commission to perform 

4 its duties. The employment of an executive director 

5 shall be subject to confirmation by the Commission. 

6 (2) COMPENSATION.—The Chairman of the 

7 Commission may fix the compensation of the execu8 tive director and other personnel without regard to 

9 chapter 51 and subchapter III of chapter 53 of title 

10 5, United States Code, relating to classification of 

11 positions and General Schedule pay rates, except 

12 that the rate of pay for the executive director and 

13 other personnel may not exceed the rate payable for 

14 level V of the Executive Schedule under section 5316 

15 of such title. 

16 (d) PROCUREMENT OF TEMPORARY AND INTERMIT17 TENT SERVICES.—The Chairman of the Commission may 

18 procure temporary and intermittent services under section 

19 3109(b) of title 5, United States Code, at rates for individ20 uals which do not exceed the daily equivalent of the annual 

21 rate of basic pay prescribed for level V of the Executive 

22 Schedule under section 5316 of such title. 

23 (e) CONTRACTING AUTHORITY.—The Commission 

24 may acquire administrative supplies and equipment for 

25 Commission use to the extent funds are available. 


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1 (f) ADMINISTRATIVE SUPPORT.—Upon the request of 

2 the Commission, the Administrator of General Services 

3 shall provide to the Commission, on a reimbursable basis, 

4 the administrative support services necessary for the Com5 mission to carry out its responsibilities under this Act. 

6 SEC. 7. TERMINATION OF THE COMMISSION. 

7 The Commission shall terminate 90 days after the 

8 date on which the Commission submits its report under 

9 section 4. 

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated such sums as may be necessary to the Commission 

13 to carry out this Act. 

14 (b) AVAILABILITY.—Any sums appropriated under 

15 the authorization contained in this section shall remain 

16 available, without fiscal year limitation, until expended. 

Æ 


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