I 
114TH CONGRESS 
2D SESSION 
H. R. 6325 
To establish an independent advisory committee to review certain regulations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2016 
Mr. WALBERG introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Rules, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish an independent advisory committee to review 
certain regulations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workforce Regulatory 
Review Act of 2016’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the Workforce Regulatory Review Commis-
sion established under section 3. 
(2) COMMISSION BILL.—The term ‘‘commission 
bill’’ means a bill consisting of the proposed legisla-
tive language of the Commission recommended 
under section 4(f)(2)(C) and introduced under sec-
tion 4(g)(1). 
(3) COVERED
REGULATION.—The term ‘‘cov-
ered regulation’’ means any final regulation pub-
lished in the Federal Register. 
(4) REGULATORY
REQUIREMENT.—The term 
‘‘regulatory requirement’’ means any duty or obliga-
tion created by words such as ‘‘shall’’, ‘‘shall not’’, 
‘‘must’’, ‘‘may not’’, ‘‘prohibited’’, and ‘‘required’’. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established in the 
legislative branch a commission to be known as the 
‘‘Workforce Regulatory Review Commission’’. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 9 members appointed by the President, 
of whom 1 member shall serve as the chairman of 
the Commission. 
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(2) DATE.—The appointment of the members 
of the Commission shall be made not later than 45 
days after the date of enactment of this Act. 
(3) QUALIFICATIONS.—Members appointed to 
the Commission shall be prominent citizens of the 
United States with national recognition and a sig-
nificant depth of experience and responsibilities in 
matters relating to government service, regulatory 
policy, economics, Federal agency management, pub-
lic administration, and law. 
(4) LIMITATION.—Not more than 5 members 
appointed to the Commission may be from the same 
political party. 
(5) PROHIBITION.—The members of the Com-
mission may not be employees of the Federal Gov-
ernment. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers 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 appoint-
ment. 
(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 meet-
ing. 
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(e) MEETINGS.—The Commission shall meet at the 
call of the chairman. 
(f) OPEN TO THE PUBLIC.—Each meeting of the 
Commission shall be open to the public, unless a member 
objects. 
(g) QUORUM.—Five members of the Commission 
shall constitute a quorum, but a lesser number of members 
may hold hearings. 
(h) NONAPPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission. 
SEC. 4. DUTIES OF THE COMMISSION. 
(a) PURPOSE.—The purpose of the Commission is to 
evaluate and provide recommendations for modification, 
consolidation, or repeal of covered regulations with the 
aim of reducing total number of regulatory requirements 
related to workplace safety, workplace discrimination, 
wages, hours, and employee health by one-third to reduce 
compliance costs, encourage growth and innovation, and 
improve competitiveness— 
(1) soliciting and reviewing comments from the 
public; 
(2) developing a reliable and uniform model to 
identify regulations to modify, or eliminate; and 
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(3) developing a package of covered regulations 
to modify, consolidate, or repeal to be submitted to 
Congress for an up-or-down vote. 
(b) EXAMINATION OF REGULATIONS.— 
(1) IN GENERAL.—Not later than 45 days after 
the date on which the Commission convenes under 
paragraph (1), the Commission shall decide which 
covered regulations within the areas described in 
section 4(a) to examine. 
(2) PROCESS
FOR
EXAMINATION.—In exam-
ining covered regulations under this section, the 
Commission shall determine the effectiveness of indi-
vidual covered regulations by using multiple re-
sources, including quantitative metrics, testimony 
from industry and agency experts, and research 
from the staff of the Commission. 
(3) UNIFORM MODEL TO BE DEVELOPED.—The 
Commission shall develop and implement a uniform 
model such as the Standard Cost Model to accu-
rately determine whether a covered regulation shall 
be modified or eliminated. 
(4) CRITERIA
FOR
UNIFORM
MODEL.—The 
model shall balance the effectiveness of the covered 
regulation achieving desirable outcomes with the ef-
ficiency of the covered regulation in achieving the 
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aforementioned desirable outcome, consistent with 
the following: 
(A) Effectiveness of desired outcomes shall 
be determined by reviewing whether the covered 
regulation achieves the intended result, whether 
the covered regulation will continue to achieve 
that result and whether that desired result con-
tinues to be desirable. 
(B) Efficiency of the desired outcomes 
shall be determined through a uniform cost 
model that reviews the costs per desired out-
come achieved by the covered regulation. 
(5) BASIS FOR RECOMMENDATIONS.—A covered 
regulation shall be recommended for amendment or 
repeal if— 
(A) the intended outcome is no longer de-
sirable; 
(B) the intended outcome would result 
even if the covered regulation were amended or 
repealed; 
(C) the covered regulation is ineffective in 
achieving the desired outcome; or 
(D) the costs associated with achieving the 
desired outcome outweigh the benefit of the 
outcome. 
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(6) NO REPLACEMENT OF REPEALED REGULA-
TIONS.—Covered regulations mandated by statute 
but recommended for repeal by the Commission shall 
be repealed as soon as possible and may not be re-
made in substantially the same form, and a new reg-
ulation that is substantially the same as such a reg-
ulation may not be made. 
(7) MANDATORY
AMENDMENT
OF
AMENDED 
REGULATIONS.—Covered regulations mandated by 
statute but recommended for amendment by the 
Commission shall be amended as soon as possible 
pursuant to the Commission report. 
(8) DEADLINE.—Not later than 1 year after 
the date on which the Commission determines which 
covered regulations to examine under paragraph (1), 
the Commission shall complete a substantial exam-
ination of such covered regulations. 
(c) INITIAL REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which the Commission determines 
which sector or area of covered regulations to exam-
ine under subsection (d)(1), the Commission shall 
publish, and make available to the public for com-
ment, a report, which shall include— 
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(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 recommenda-
tions for modification, consolidation, or repeal 
of such covered regulations. 
(2) REQUIREMENT.—The report submitted 
under paragraph (1) shall be approved by not fewer 
than 6 members of the Commission. 
(3) AVAILABILITY OF REPORT.—The Commis-
sion shall make the report required under paragraph 
(1) available through the Web site of the Commis-
sion and in printed form. 
(d) PUBLIC COMMENT PERIOD.— 
(1) IN GENERAL.—Not later than 30 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 the report. 
(2) SUBMISSION OF PUBLIC COMMENTS.—The 
Commission shall ensure that the process initiated 
under paragraph (1) allows for recommendations to 
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be submitted to the Commission through the Web 
site of the Commission or by mail. 
(3) LENGTH OF PUBLIC COMMENT PERIOD.— 
The period for the submission of recommendations 
under this subsection shall end 60 days after the 
date on which the process is initiated under para-
graph (1). 
(4) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—At the end of the period for the submission 
of recommendations under this subsection, all sub-
mitted recommendations shall be published in the 
Federal Register. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 45 days after 
the date on which the 45-day period described in 
subsection (e)(4) ends, the Commission shall— 
(A) review any comments received under 
subsection (e)(4); 
(B) incorporate any relevant comments re-
ceived under subsection (e)(4) into the report 
required under subsection (e)(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— 
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(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 recommenda-
tions for modification, consolidation, or repeal 
of such covered regulations; and 
(C) recommended legislative language to 
implement the recommendations in subpara-
graph (B). 
(f) CONGRESSIONAL CONSIDERATION
OF COMMIS-
SION REPORT.—If approved by 6 members of the Commis-
sion, as required under subsection (e)(2), the commission 
shall submit to Congress and will automatically take effect 
unless Congress passes and the President signs legislation 
disapproving the recommendations outlined in the Com-
mission’s report within 45 days from the time of the sub-
mission of the Report. 
(g) TERMS OF THE RESOLUTION.—For purposes of 
section 2904(b), the term ‘‘joint resolution’’ means only 
a joint resolution which is introduced within the 10-day 
period beginning on the date on which the President trans-
mits the report to the Congress under section 2903(e), 
and— 
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(1) which does not have a preamble; and 
(2) the matter after the resolving clause of 
which is as follows: ‘‘That Congress disapproves the 
recommendations of the Workforce Regulatory Re-
view Commission as submitted by the President on 
lll’’, the blank space being filled in with the ap-
propriate date; and the title of which is as follows: 
‘‘Joint resolution disapproving the recommendations 
of the Workforce Regulatory Review Commission’’. 
(h) REFERRAL.—A resolution described in subsection 
(a) that is introduced in the House of Representatives 
shall be referred to the Committee on Education and the 
Workforce of the House of Representatives. A resolution 
described in subsection (a) introduced in the Senate shall 
be referred to the Senate Committee on Health, Edu-
cation, Labor, and Pensions. 
(i) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (a) is referred has not re-
ported such a resolution (or an identical resolution) by the 
end of the 20-day period beginning on the date on which 
the President transmits the report to the Congress under 
section 2903(e), such committee shall be, at the end of 
such period, discharged from further consideration of such 
resolution, and such resolution shall be placed on the ap-
propriate calendar of the House involved. 
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(j) CONSIDERATION.— 
(1) On or after the third day after the date on 
which the committee to which such a resolution is 
referred has reported, or has been discharged (under 
subsection (c)) from further consideration of, such a 
resolution, it is in order (even though a previous mo-
tion to the same effect has been disagreed to) for 
any Member of the respective House to move to pro-
ceed to the consideration of the resolution. A Mem-
ber may make the motion only on the day after the 
calendar day on which the Member announces to the 
House concerned the Member’s intention to make 
the motion, except that, in the case of the House of 
Representatives, the motion may be made without 
such prior announcement if the motion is made by 
direction of the committee to which the resolution 
was referred. The motion is highly privileged in the 
House of Representatives and is privileged in the 
Senate and is not debatable. The motion is not sub-
ject to amendment, or to a motion to postpone, or 
to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which 
the motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration 
of the resolution is agreed to, the respective House 
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shall immediately proceed to consideration of the 
joint resolution without intervening motion, order, or 
other business, and the resolution shall remain the 
unfinished business of the respective House until 
disposed of. 
(2) Debate on the resolution, and on all debat-
able motions and appeals in connection therewith, 
shall be limited to not more than 2 hours, which 
shall be divided equally between those favoring and 
those opposing the resolution. An amendment to the 
resolution is not in order. A motion further to limit 
debate is in order and not debatable. A motion to 
postpone, or a motion to proceed to the consider-
ation of other business, or a motion to recommit the 
resolution is not in order. A motion to reconsider the 
vote by which the resolution is agreed to or dis-
agreed to is not in order. 
(3) Immediately following the conclusion of the 
debate on a resolution described in subsection (a) 
and a single quorum call at the conclusion of the de-
bate if requested in accordance with the rules of the 
appropriate House, the vote on final passage of the 
resolution shall occur. 
(4) Appeals from the decisions of the Chair re-
lating to the application of the rules of the Senate 
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or the House of Representatives, as the case may be, 
to the procedure relating to a resolution described in 
subsection (a) shall be decided without debate. 
(k) CONSIDERATION BY OTHER HOUSE.— 
(1) If, before the passage by one House of a 
resolution of that House described in subsection (a), 
that House receives from the other House a resolu-
tion described in subsection (a), then the following 
procedures shall apply: 
(A) The resolution of the other House shall 
not be referred to a committee and may not be 
considered in the House receiving it except in 
the case of final passage as provided in sub-
paragraph (B)(ii). 
(B) With respect to a resolution described 
in subsection (a) of the House receiving the res-
olution— 
(i) the procedure in that House shall 
be the same as if no resolution had been 
received from the other House; but 
(ii) the vote on final passage shall be 
on the resolution of the other House. 
(2) Upon disposition of the resolution received 
from the other House, it shall no longer be in order 
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to consider the resolution that originated in the re-
ceiving House. 
(l) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in that 
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the 
extent that it is inconsistent with such rules; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
(m) NOTICE TO REGULATORY AGENCIES.— 
(1) ENACTMENT OF COMMISSION BILL.—If the 
commission bill is enacted into law, the President 
shall— 
(A) not later than 7 days after the date on 
which the commission bill is enacted into law— 
(i) provide notice to the affected regu-
latory agencies; and 
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(ii) publish notice of enactment in the 
Federal Register and online; and 
(B) require affected regulatory agencies to 
implement the commission bill within 180 days 
after the date on which the commission bill is 
enacted into law. 
(2) FAILURE TO ENACT COMMISSION BILL.—If 
the commission bill is not enacted into law, the 
President shall provide notice of such failure to 
enact the commission bill in the Federal Register. 
(n) ADJOURNMENT OF CONGRESS.—If the commis-
sion bill is introduced less than 60 session days or 60 leg-
islative days before the date on which Congress adjourns 
sine die— 
(1) the commission bill shall be introduced in 
both Houses on the date on which the succeeding 
Congress first convenes its next session; and 
(2) subsection (g) shall apply to the commission 
bill during the succeeding Congress. 
SEC. 5. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission 
considers advisable to carry out this Act. 
(b) INFORMATION FROM FEDERAL AGENCIES.— 
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(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purpose of this Act. Each de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by the Commission, or any member designated 
by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable 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.—Members of the Commission may not ac-
cept, use, and dispose of gifts or donations of services or 
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property in connection to their role as a member of the 
Commission. 
(e) SPACE
FOR USE
OF COMMISSION.—Not later 
than 60 days after the date of the enactment of this Act, 
the Administrator of General Services will support on a 
reimbursable basis the operations of the Commission, in-
cluding 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 pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding travel time) during which such member is engaged 
in the performance of the duties of the Commission. 
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or 
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regular places of business in the performance of services 
for the Commission. 
(c) STAFF.— 
(1) IN GENERAL.—The chairman of the Com-
mission 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 execu-
tive 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. 
(d) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT 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 individ-
uals which do not exceed the daily equivalent of the annual 
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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 Com-
mission 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. REAUTHORIZATION OF COMMISSION. 
(a) IN GENERAL.—The Commission may be reau-
thorized by Executive order but no provision of the author-
izing legislation shall be amended by such order except 
with regards to the area of covered regulations to be re-
viewed by the Commission. 
(b) CONGRESSIONAL DISAPPROVAL.—The Commis-
sion shall be activated unless a joint resolution of Congress 
is sent to the President stating disapproval of the Execu-
tive order and intent for the Commission to remain dor-
mant. 
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SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated 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 
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