I 

113TH CONGRESS 

2D SESSION H. R. 4646 

To establish an independent advisory committee to review certain regulations, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2014 

Mr. MURPHY of Florida (for himself, Mr. MULVANEY, Mr. SCHRADER, Mr. 

BARR, Mr. RUIZ, Mr. COFFMAN, Mr. BARROW of Georgia, Mr. 

FITZPATRICK, Mr. DELANEY, Mr. JOYCE, Mr. KILMER, Mrs. BLACK, Mr. 

MATHESON, Mr. LANCE, Mr. KIND, Mr. MEADOWS, Mr. COSTA, Mr. 

RODNEY DAVIS of Illinois, Mr. ENYART, and Mr. RIBBLE) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government 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. 

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 2014’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Commission’’ means the Regu4 latory Improvement Commission established under 

5 section 3; 

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

7 consisting of the proposed legislative language of the 

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

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

10 (3) the term ‘‘covered regulation’’ means a reg11 ulation that— 

12 (A) has been finalized not later than 10 

13 years before the date on which the Commission 

14 is established; and 

15 (B) has not been amended after being fi16 nalized. 

17 SEC. 3. ESTABLISHMENT OF COMMISSION. 

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

19 legislative branch a commission to be known as the ‘‘Regu20 latory Improvement Commission’’. 

21 (b) MEMBERSHIP.— 

22 (1) COMPOSITION.—The Commission shall be 

23 composed of 9 members, of whom— 

24 (A) 1 member shall be appointed by the 

25 President, and shall serve as the Chairperson of 

26 the Commission; 


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1 (B) 2 members shall be appointed by the 

2 majority leader of the Senate; 

3 (C) 2 members shall be appointed by the 

4 minority leader of the Senate; 

5 (D) 2 members shall be appointed by the 

6 Speaker of the House of Representatives; and 

7 (E) 2 members shall be appointed by the 

8 minority leader of the House of Representa9 tives. 

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

11 of the Commission shall be made not later than 45 

12 days after the date of enactment of this Act. 

13 (3) QUALIFICATIONS.—Members appointed to 

14 the Commission shall be prominent citizens of the 

15 United States with national recognition and a sig16 nificant depth of experience and responsibilities in 

17 matters relating to government service, regulatory 

18 policy, economics, Federal agency management, pub19 lic administration, and law. 

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

21 appointed to the Commission may be from the same 

22 political party. 

23 (5) PROHIBITION.—The members of the Com24 mission may not be employees of the Federal Gov25 ernment. 


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1 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem2 bers shall be appointed for the life of the Commission. Any 

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

4 shall be filled in the same manner as the original appoint5 ment. 

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

7 the date on which all members of the Commission have 

8 been appointed, the Commission shall hold its first meet9 ing. 

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

11 call of the Chairman. 

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

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

14 objects. 

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

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

17 may hold hearings. 

18 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY

19 COMMITTEE ACT.—The Federal Advisory Committee Act 

20 (5 U.S.C. App.) shall not apply to the Commission. 

21 SEC. 4. DUTIES OF THE COMMISSION. 

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

23 evaluate and provide recommendations for modification, 

24 consolidation, or repeal of covered regulations with the 

25 aim of reducing compliance costs, encouraging growth and 


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1 innovation, and improving competitiveness, all while pro2 tecting public health and safety, by— 

3 (1) soliciting and reviewing comments from the 

4 public; 

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

6 covered regulations to research and review; and 

7 (3) developing a package of covered regulations 

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

9 Congress for an up-or-down vote. 

10 (b) PUBLIC COMMENTS.— 

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

12 the date of the initial meeting of the Commission, 

13 the Commission shall initiate a process to solicit and 

14 collect written recommendations from the general 

15 public, interested parties, Federal agencies, and 

16 other relevant entities regarding which covered regu17 lations should be examined. 

18 (2) SUBMISSION OF PUBLIC COMMENTS.—The 

19 Commission shall ensure that the process initiated 

20 under paragraph (1) allows for recommendations to 

21 be submitted to the Commission through the Web 

22 site of the Commission or by mail. 

23 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 

24 The period for the submission of recommendations 

25 under this subsection shall end 60 days after the 


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1 date on which the process is initiated under para2 graph (1). 

3 (4) PUBLICATION IN THE FEDERAL REG4 ISTER.—At the end of the period for the submission 

5 of recommendations under this subsection, all sub6 mitted recommendations shall be published in the 

7 Federal Register. 

8 (c) COMMISSION REVIEW OF PUBLIC COMMENTS.— 

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

10 for the submission of recommendations ends under sub11 section (b), the Commission shall convene to review sub12 mitted recommendations and to identify a single sector or 

13 area of covered regulations to modify, consolidate, or 

14 eliminate. 

15 (d) EXAMINATION OF REGULATIONS.— 

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

17 the date on which the Commission convenes under 

18 paragraph (1), the Commission shall decide which 

19 sector area of covered regulations to examine. 

20 (2) PROCESS FOR EXAMINATION.—In exam21 ining covered regulations under this section, the 

22 Commission shall determine the effectiveness of indi23 vidual covered regulations, by using multiple re24 sources, including quantitative metrics, testimony 


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1 from industry and agency experts, and research 

2 from the staff of the Commission. 

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

4 the date on which the Commission determines which 

5 sector or area of covered regulations to examine 

6 under paragraph (1), the Commission shall complete 

7 a substantial examination of such covered regula8 tions. 

9 (e) INITIAL REPORT.— 

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

11 after the date on which the Commission determines 

12 which sector or area of covered regulations to exam13 ine under subsection (d)(1), the Commission shall 

14 publish, and make available to the public for com15 ment, a report, which shall include— 

16 (A) the findings and conclusions of the 

17 Commission for the improvement of covered 

18 regulations examined by the Commission; and 

19 (B) a list of recommendations for changes 

20 to the covered regulations examined by the 

21 Commission, which may include recommenda22 tions for modification, consolidation, or repeal 

23 of such covered regulations. 


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1 (2) REQUIREMENT.—The report submitted 

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

3 than 5 members of the Commission. 

4 (3) AVAILABILITY OF REPORT.—The Commis5 sion shall make the report required under paragraph 

6 (1) available through the Web site of the Commis7 sion and in printed form. 

8 (4) PUBLIC COMMENT PERIOD.—During the 

9 45-day period beginning on the date on which the 

10 report required under paragraph (1) is published, 

11 the Commission shall— 

12 (A) solicit comments from the public on 

13 such report, using the same process established 

14 under subsection (b); and 

15 (B) publish any comments received under 

16 subparagraph (A) in the Federal Register. 

17 (f) REPORT TO CONGRESS.— 

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

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

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

21 (A) review any comments received under 

22 subsection (e)(4); 

23 (B) incorporate any relevant comments re24 ceived under subsection (e)(4) into the report 

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


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1 (C) submit the revised report to Congress. 

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

3 be submitted to Congress under paragraph (1) shall 

4 include— 

5 (A) the findings and conclusions of the 

6 Commission for the improvement of covered 

7 regulations examined by the Commission; 

8 (B) a list of recommendations for changes 

9 to the covered regulations examined by the 

10 Commission, which may include recommenda11 tions for modification, consolidation, or repeal 

12 of such covered regulations; and 

13 (C) recommended legislative language to 

14 implement the recommendations in subpara15 graph (B). 

16 (g) CONGRESSIONAL CONSIDERATION OF COMMIS17 SION REPORT.— 

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

19 of the Commission, as required under subsection 

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

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

22 Senate is in session by the majority leader of the 

23 Senate or by a Member of the Senate designated by 

24 the majority leader of the Senate and shall be intro25 duced in the House of Representatives (by request) 


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1 on the next legislative day by the majority leader of 

2 the House or by a Member of the House designated 

3 by the majority leader of the House. 

4 (2) CONSIDERATION IN THE HOUSE OF REP5 RESENTATIVES.— 

6 (A) REFERRAL AND REPORTING.—Any 

7 committee of the House of Representatives to 

8 which the commission bill is referred shall re9 port it to the House without amendment not 

10 later than 30 days after the date on which the 

11 commission bill is introduced under paragraph 

12 (1). If a committee fails to report the commis13 sion bill within that period, it shall be in order 

14 to move that the House discharge the com15 mittee from further consideration of the com16 mission bill. Such a motion shall not be in order 

17 after the last committee authorized to consider 

18 the commission bill reports it to the House or 

19 after the House has disposed of a motion to 

20 discharge the commission bill. The previous 

21 question shall be considered as ordered on the 

22 motion to its adoption without intervening mo23 tion except 3 hours of debate equally divided 

24 and controlled by the proponent and an oppo25 nent. If such a motion is adopted, the House 


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1 shall proceed immediately to consider the com2 mission bill in accordance with subparagraphs 

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

4 which the motion is disposed of shall not be in 

5 order. 

6 (B) PROCEEDING TO CONSIDERATION.— 

7 After the last committee authorized to consider 

8 the commission bill reports it to the House or 

9 has been discharged (other than by motion) 

10 from its consideration, it shall be in order to 

11 move to proceed to consider the commission bill 

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

13 order after the House has disposed of a motion 

14 to proceed with respect to the commission bill. 

15 The previous question shall be considered as or16 dered on the motion to its adoption without in17 tervening motion. A motion to reconsider the 

18 vote by which the motion is disposed of shall 

19 not be in order. 

20 (C) CONSIDERATION.—The commission bill 

21 shall be considered as read. All points of order 

22 against the commission bill and against its con23 sideration are waived. The previous question 

24 shall be considered as ordered on the commis25 sion bill to its passage without intervening moVerDate Mar 15 2010 05:23 May 17, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4646.IH H4646

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1 tion except 10 hours of debate equally divided 

2 and controlled by the proponent and an oppo3 nent and one motion to limit debate on the 

4 commission bill. A motion to reconsider the vote 

5 on passage of the commission bill shall not be 

6 in order. 

7 (D) VOTE ON PASSAGE.—The vote on pas8 sage of the commission bill shall occur not later 

9 than 60 days after the date on which the com10 mission bill is discharged from the last com11 mittee authorized to consider the commission 

12 bill. 

13 (3) CONSIDERATION IN THE SENATE.— 

14 (A) COMMITTEE CONSIDERATION.—A com15 mission bill introduced in the Senate under 

16 paragraph (1) shall be jointly referred to the 

17 committee or committees of jurisdiction, which 

18 committees shall report the bill without any re19 vision and with a favorable recommendation, an 

20 unfavorable recommendation, or without rec21 ommendation, not later than 30 days after the 

22 date on which the commission bill is introduced. 

23 If any committee fails to report the bill within 

24 that period, that committee shall be automati25 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.— 

24 (1) IN GENERAL.—The Commission is author25 ized to secure directly from any executive departVerDate Mar 15 2010 05:23 May 17, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4646.IH H4646

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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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