II 

114TH CONGRESS 

1ST SESSION S. 708 

To establish an independent advisory committee to review certain regulations, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2015 

Mr. KING (for himself, Mr. BLUNT, Mrs. SHAHEEN, and Mr. WICKER) 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 2015’’. 

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(h)(2)(C) 

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

5 (3) the term ‘‘covered regulation’’ means a reg6 ulation that has been in effect for not less than 10 

7 years before the date on which the Commission is es8 tablished; 

9 (4) the term ‘‘regulation’’ means a rule, as de10 fined in section 551 of title 5, United States Code; 

11 and 

12 (5) the term ‘‘regulatory agency’’ means an 

13 agency, as defined in section 3502 of title 44, 

14 United States Code, that has the authority to issue 

15 a regulation. 

16 SEC. 3. ESTABLISHMENT OF COMMISSION. 

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

18 legislative branch a commission to be known as the ‘‘Regu19 latory Improvement Commission’’. 

20 (b) MEMBERSHIP.— 

21 (1) COMPOSITION.—The Commission shall be 

22 composed of 9 members, of whom— 

23 (A) 1 member shall be appointed by the 

24 President, and shall serve as the Chairperson of 

25 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 60 

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. Members may include 

20 past Administrators of the Office of Information and 

21 Regulatory Affairs, past chairs of the Administrative 

22 Conference of the United States, and other individ23 uals with expertise and experience in rulemaking af24 fairs and the administration of regulatory reviews. 


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

2 appointed to the Commission may be from the same 

3 political party. 

4 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem5 bers shall be appointed for the life of the Commission. Any 

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

7 shall be filled in the same manner as the original appoint8 ment. 

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

10 the date on which all members of the Commission have 

11 been appointed, the Commission shall hold its first meet12 ing. 

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

14 call of the Chair. 

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

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

17 objects. 

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

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

20 may hold hearings. 

21 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY

22 COMMITTEE ACT.—The Federal Advisory Committee Act 

23 (5 U.S.C. App.) shall not apply to the Commission. 


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1 SEC. 4. DUTIES OF THE COMMISSION. 

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

3 evaluate and provide recommendations for modification, 

4 consolidation, or repeal of covered regulations with the 

5 aim of reducing compliance costs, encouraging growth and 

6 innovation, and improving competitiveness, all while— 

7 (1) protecting public health and safety; and 

8 (2) giving full consideration to— 

9 (A) the benefits and the costs of regulation 

10 to society; and 

11 (B) the appropriate role of regulation with12 in and costs associated with regulation to soci13 ety. 

14 (b) REQUIREMENTS.—In carrying out subsection (a), 

15 the Commission shall— 

16 (1) give priority in its analysis of covered regu17 lations to those that— 

18 (A) impose disproportionately high costs 

19 on a small entity (as defined in section 601 of 

20 title 5, United States Code); 

21 (B) create substantial recurring paperwork 

22 burdens or transaction costs; or 

23 (C) could be strengthened in their effec24 tiveness while reducing regulatory costs; 


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1 (2) solicit and review comments from the public 

2 on the covered regulations described in this section; 

3 and 

4 (3) develop a set of covered regulations to mod5 ify, consolidate, or repeal to be submitted to Con6 gress for expedited consideration in accordance with 

7 subsection (i). 

8 (c) PUBLIC COMMENTS.— 

9 (1) IN GENERAL.—Not later than 60 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 120 days after the 

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


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1 (4) PUBLICATION.—At the end of the period for 

2 the submission of recommendations under this sub3 section, all submitted recommendations shall be pub4 lished on the website of the Commission and summa5 rized in the Federal Register. 

6 (d) COMMISSION OUTREACH.— 

7 (1) IN GENERAL.—During the public comment 

8 period described in subsection (c), the Commission 

9 shall conduct public outreach and convene focus 

10 groups to better inform the Commissioners of the 

11 public’s interest and possible contributions to the 

12 work of the Commission. 

13 (2) FOCUS GROUPS.—The focus groups re14 quired under paragraph (1) shall include individuals 

15 affiliated with the Office of Information and Regu16 latory Affairs, the Administrative Conference of the 

17 United States, the offices within Federal agencies 

18 responsible for small business affairs and regulatory 

19 compliance, non-governmental organizations, trade 

20 associations, and, at the discretion of the Commis21 sion, other relevant stakeholders from within or out22 side the regulated entities. 

23 (e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 

24 Not later than 45 days after the date on which the period 

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1 section (c), the Commission shall convene to review sub2 mitted recommendations and to identify covered regula3 tions to modify, consolidate, or eliminate. 

4 (f) EXAMINATION OF REGULATIONS.— 

5 (1) PROCESS FOR EXAMINATION.—In exam6 ining covered regulations under this section, the 

7 Commission shall determine the effectiveness of indi8 vidual covered regulations, by using multiple re9 sources, including quantitative metrics, testimony 

10 from industry and agency experts, and research 

11 from the staff of the Commission. 

12 (2) DEADLINE.—Not later than 1 year after 

13 the date on which the Commission convenes under 

14 subsection (e), the Commission shall complete a sub15 stantial examination of covered regulations. 

16 (g) INITIAL REPORT.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date on which the Commission convenes under 

19 subsection (e), the Commission shall publish, and 

20 make available to the public for comment, a report, 

21 which shall include— 

22 (A) the findings and conclusions of the 

23 Commission for the improvement of covered 

24 regulations examined by the Commission; and 


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1 (B) a list of recommendations for changes 

2 to the covered regulations examined by the 

3 Commission, which may include recommenda4 tions for modification, consolidation, or repeal 

5 of such covered regulations. 

6 (2) REQUIREMENT.—The report required under 

7 paragraph (1) shall be approved by not fewer than 

8 5 members of the Commission. 

9 (3) AVAILABILITY OF REPORT.—The Commis10 sion shall make the report required under paragraph 

11 (1) available through the website of the Commission 

12 and in printed form. 

13 (4) PUBLIC COMMENT PERIOD.—During the 

14 90-day period beginning on the date on which the 

15 report required under paragraph (1) is published, 

16 the Commission shall— 

17 (A) solicit comments from the public on 

18 such report, using the same process established 

19 under subsection (c); and 

20 (B) publish any comments received under 

21 subparagraph (A) on the website of the Com22 mission and summarize them in the Federal 

23 Register. 

24 (5) CONSULTATION.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the date on which the report required 

3 under paragraph (1) is published, the Commis4 sion shall complete a consultation with the 

5 chairman and ranking member of the commit6 tees of jurisdiction in the House of Representa7 tives and Senate regarding the contents of the 

8 report. 

9 (B) REQUIREMENTS.—The consultation re10 quired under subparagraph (A) shall provide— 

11 (i) the opportunity for the chairman 

12 and ranking member of the committees of 

13 jurisdiction to provide substantive feedback 

14 or recommendations related to the regu15 latory changes contained in the report re16 quired under paragraph (1); and 

17 (ii) the opportunity for the chairman 

18 and ranking member of the committees of 

19 jurisdiction to provide recommendations 

20 for alternative means of achieving the 

21 same or greater reductions in regulatory 

22 costs while maintaining the same level of 

23 benefits to society. 

24 (h) REPORT TO CONGRESS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date on which the 90-day period described in 

3 subsection (g)(4) ends, the Commission shall— 

4 (A) review any comments received under 

5 subsection (g)(4); 

6 (B) incorporate any relevant comments re7 ceived under subsection (g)(4) into the report 

8 required under subsection (g)(1); and 

9 (C) submit the revised report to Congress. 

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

11 be submitted to Congress under paragraph (1) shall 

12 include— 

13 (A) the findings and conclusions of the 

14 Commission for the improvement of covered 

15 regulations examined by the Commission; 

16 (B) a list of recommendations for changes 

17 to the covered regulations examined by the 

18 Commission, which may include recommenda19 tions for modification, consolidation, or repeal 

20 of such covered regulations; and 

21 (C) recommended legislative language to 

22 implement the recommendations in subpara23 graph (B). 

24 (i) CONGRESSIONAL CONSIDERATION OF COMMIS25 SION REPORT.— 


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

2 of the Commission, as required under subsection 

3 (g)(2), the commission bill shall be introduced in the 

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

5 Senate is in session by the majority leader of the 

6 Senate or by a Member of the Senate designated by 

7 the majority leader of the Senate and shall be intro8 duced in the House of Representatives (by request) 

9 on the next legislative day by the majority leader of 

10 the House or by a Member of the House designated 

11 by the majority leader of the House. 

12 (2) CONSIDERATION IN THE HOUSE OF REP13 RESENTATIVES.— 

14 (A) REFERRAL AND REPORTING.—Any 

15 committee of the House of Representatives to 

16 which the commission bill is referred shall re17 port it to the House without amendment not 

18 later than 30 days after the date on which the 

19 commission bill is introduced under paragraph 

20 (1). If a committee fails to report the commis21 sion bill within that period, it shall be in order 

22 to move that the House discharge the com23 mittee from further consideration of the com24 mission bill. Such a motion shall not be in order 

25 after the last committee authorized to consider 


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1 the commission bill reports it to the House or 

2 after the House has disposed of a motion to 

3 discharge the commission bill. The previous 

4 question shall be considered as ordered on the 

5 motion to its adoption without intervening mo6 tion except 3 hours of debate equally divided 

7 and controlled by the proponent and an oppo8 nent. If such a motion is adopted, the House 

9 shall proceed immediately to consider the com10 mission bill in accordance with subparagraphs 

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

12 which the motion is disposed of shall not be in 

13 order. 

14 (B) PROCEEDING TO CONSIDERATION.— 

15 After the last committee authorized to consider 

16 the commission bill reports it to the House or 

17 has been discharged (other than by motion) 

18 from its consideration, it shall be in order to 

19 move to proceed to consider the commission bill 

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

21 order after the House has disposed of a motion 

22 to proceed with respect to the commission bill. 

23 The previous question shall be considered as or24 dered on the motion to its adoption without in25 tervening motion. A motion to reconsider the 


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1 vote by which the motion is disposed of shall 

2 not be in order. 

3 (C) CONSIDERATION.—The commission bill 

4 shall be considered as read. All points of order 

5 against the commission bill and against its con6 sideration are waived. The previous question 

7 shall be considered as ordered on the commis8 sion bill to its passage without intervening mo9 tion except 10 hours of debate equally divided 

10 and controlled by the proponent and an oppo11 nent and one motion to limit debate on the 

12 commission bill. A motion to reconsider the vote 

13 on passage of the commission bill shall not be 

14 in order. 

15 (D) VOTE ON PASSAGE.—The vote on pas16 sage of the commission bill shall occur not later 

17 than 60 days after the date on which the com18 mission bill is discharged from the last com19 mittee authorized to consider the commission 

20 bill. 

21 (3) CONSIDERATION IN THE SENATE.— 

22 (A) COMMITTEE CONSIDERATION.—A com23 mission bill introduced in the Senate under 

24 paragraph (1) shall be jointly referred to the 

25 committee or committees of jurisdiction, which 


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1 committees shall report the bill without any re2 vision and with a favorable recommendation, an 

3 unfavorable recommendation, or without rec4 ommendation, not later than 30 days after the 

5 date on which the commission bill is introduced. 

6 If any committee fails to report the bill within 

7 that period, that committee shall be automati8 cally discharged from consideration of the bill, 

9 and the bill shall be placed on the appropriate 

10 calendar. 

11 (B) MOTION TO PROCEED.—Notwith12 standing Rule XXII of the Standing Rules of 

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

14 of session after the date on which a commission 

15 bill is reported or discharged from all commit16 tees to which it was referred, for the majority 

17 leader of the Senate or the majority leader’s 

18 designee to move to proceed to the consider19 ation of the commission bill. It shall also be in 

20 order for any Member of the Senate to move to 

21 proceed to the consideration of the commission 

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

23 day period. A motion to proceed is in order 

24 even though a previous motion to the same ef25 fect has been disagreed to. All points of order 


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1 against the motion to proceed to the commis2 sion bill are waived. The motion to proceed is 

3 not debatable. The motion is not subject to a 

4 motion to postpone. A motion to reconsider the 

5 vote by which the motion is agreed to or dis6 agreed to shall not be in order. If a motion to 

7 proceed to the consideration of the commission 

8 bill is agreed to, the commission bill shall re9 main the unfinished business until disposed of. 

10 (4) CONSIDERATION.—An amendment to the 

11 commission bill or a motion to postpone, a motion 

12 to proceed to the consideration of other business, or 

13 a motion to recommit the commission bill, shall not 

14 be in order in the Senate or the House of Represent15 atives. 

16 (5) CONSIDERATION BY THE OTHER HOUSE.— 

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

18 commission bill, one House receives from the 

19 other a commission bill— 

20 (i) the commission bill of the other 

21 House shall not be referred to a com22 mittee; and 

23 (ii) the procedure in the receiving 

24 House shall be the same as if no commis25 sion bill had been received from the other 


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1 House until the vote on passage, when the 

2 commission bill received from the other 

3 House shall supplant the commission bill 

4 of the receiving House. 

5 (B) REVENUE MEASURE.—This subsection 

6 shall not apply to the House of Representatives 

7 if the commission bill received from the Senate 

8 is a revenue measure. 

9 (6) RULES TO COORDINATE ACTION WITH

10 OTHER HOUSE.— 

11 (A) TREATMENT OF COMMISSION BILL OF

12 OTHER HOUSE.—If the Senate fails to introduce 

13 or consider a commission bill under this section, 

14 the commission bill of the House of Representa15 tives shall be entitled to expedited floor proce16 dures under this section. 

17 (B) TREATMENT OF COMPANION MEAS18 URES IN THE SENATE.—If following passage of 

19 the commission bill in the Senate, the Senate 

20 then receives the commission bill from the 

21 House of Representatives, the House-passed 

22 commission bill shall be entitled to the consider23 ation procedures described in paragraph (3). 

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

25 commission bill, debate on a veto message in 


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1 the Senate under this section shall be 1 hour 

2 equally divided between the majority and minor3 ity leaders or their designees. 

4 (j) NOTICE TO REGULATORY AGENCIES.— 

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

6 commission bill is enacted into law, the President 

7 shall— 

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

9 which the commission bill is enacted into law— 

10 (i) provide notice to the affected regu11 latory agencies; and 

12 (ii) publish notice of enactment in the 

13 Federal Register and online; 

14 (B) require affected regulatory agencies to 

15 implement the commission bill not later than 

16 180 days after the date on which the commis17 sion bill is enacted into law. 

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

19 the commission bill is not enacted into law, the 

20 President shall provide notice of such failure to 

21 enact the commission bill in the Federal Register. 

22 (k) ADJOURNMENT OF CONGRESS.—If the commis23 sion bill is introduced less than 60 session days or 60 leg24 islative days before the date on which Congress adjourns 

25 sine die— 


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1 (1) the commission bill shall be introduced in 

2 both Houses on the date on which the succeeding 

3 Congress first convenes its next session; and 

4 (2) subsection (i) shall apply to the commission 

5 bill during the succeeding Congress. 

6 SEC. 5. POWERS OF THE COMMISSION. 

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

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

9 testimony, and receive such evidence as the Commission 

10 considers advisable to carry out this Act. 

11 (b) INFORMATION FROM FEDERAL AGENCIES.— 

12 (1) IN GENERAL.—The Commission is author13 ized to secure directly from any executive depart14 ment, bureau, agency, board, commission, office, 

15 independent establishment, or instrumentality of the 

16 Government, information, suggestions, estimates, 

17 and statistics for the purpose of this Act. Each de18 partment, bureau, agency, board, commission, office, 

19 independent establishment, or instrumentality shall, 

20 to the extent authorized by law, furnish such infor21 mation, suggestions, estimates, and statistics di22 rectly to the Commission, upon request made by the 

23 chairman, the chairman of any subcommittee cre24 ated by the Commission, or any member designated 

25 by a majority of the Commission. 


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1 (2) RECEIPT, HANDLING, STORAGE, AND DIS2 SEMINATION.—Information shall only be received, 

3 handled, stored, and disseminated by members of 

4 the Commission and its staff consistent with all ap5 plicable statutes, regulations, and Executive orders. 

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

7 the United States mails in the same manner and under 

8 the same conditions as other departments and agencies of 

9 the Federal Government. 

10 (d) SPACE FOR USE OF COMMISSION.—Not later 

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

12 Administrator of General Services shall support on a reim13 bursable basis the operations of the Commission, including 

14 the identification of suitable space to house the Commis15 sion. If the Administrator is not able to make such suit16 able space available within the 60-day period, the Commis17 sion shall lease space to the extent that funds are avail18 able. 

19 SEC. 6. COMMISSION PERSONNEL MATTERS. 

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

21 the Commission shall be compensated at a rate equal to 

22 the daily equivalent of the annual rate of basic pay pre23 scribed for level IV of the Executive Schedule under sec24 tion 5315 of title 5, United States Code, for each day (inVerDate Sep 11 2014 03:53 Mar 17, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S708.IS S708

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1 cluding travel time) during which such member is engaged 

2 in the performance of the duties of the Commission. 

3 (b) TRAVEL EXPENSES.—The members of the Com4 mission shall be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for employ6 ees of agencies under subchapter I of chapter 57 of title 

7 5, United States Code, while away from their homes or 

8 regular places of business in the performance of services 

9 for the Commission. 

10 (c) STAFF.— 

11 (1) IN GENERAL.—The Chair of the Commis12 sion may, without regard to the civil service laws 

13 and regulations, appoint and terminate an executive 

14 director and such other additional personnel as may 

15 be necessary to enable the Commission to perform 

16 its duties. The employment of an executive director 

17 shall be subject to confirmation by the Commission. 

18 (2) COMPENSATION.—The Chair of the Com19 mission may fix the compensation of the executive 

20 director and other personnel without regard to chap21 ter 51 and subchapter III of chapter 53 of title 5, 

22 United States Code, relating to classification of posi23 tions and General Schedule pay rates, except that 

24 the rate of pay for the executive director and other 

25 personnel may not exceed the rate payable for level 


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1 V of the Executive Schedule under section 5316 of 

2 such title. 

3 (3) AGENCY ASSISTANCE.—Following consulta4 tion with and upon the request of the Chair of the 

5 Commission, the head of any agency may detail an 

6 employee of the agency to the Commission without 

7 reimbursement, and such detail shall be without 

8 interruption or loss of civil service status or privi9 lege. 

10 (4) GAO AND OIRA ASSISTANCE.—The Comp11 troller General of the United States and the Admin12 istrator of the Office of Information and Regulatory 

13 Affairs shall provide assistance, including the detail14 ing of employees, to the Commission in accordance 

15 with an agreement entered into with the Commis16 sion. 

17 (d) PROCUREMENT OF TEMPORARY AND INTERMIT18 TENT SERVICES.—The Chair of the Commission may pro19 cure temporary and intermittent services under section 

20 3109(b) of title 5, United States Code, at rates for individ21 uals which do not exceed the daily equivalent of the annual 

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

23 Schedule under section 5316 of such title. 


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1 (e) CONTRACTING AUTHORITY.—The Commission 

2 may acquire administrative supplies and equipment for 

3 Commission use to the extent funds are available. 

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

5 the Commission, the Administrator of General Services 

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

7 the administrative support services necessary for the Com8 mission to carry out its responsibilities under this Act. 

9 SEC. 7. TERMINATION OF THE COMMISSION. 

10 The Commission shall terminate 90 days after the 

11 date on which the Commission submits its report under 

12 section 4. 

13 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There are authorized to be appro15 priated such sums as may be necessary to the Commission 

16 to carry out this Act. 

17 (b) AVAILABILITY.—Any sums appropriated under 

18 the authorization contained in this section shall remain 

19 available, without fiscal year limitation, until expended. 

Æ 


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