I 
114TH CONGRESS 
1ST SESSION H. R. 1407 
To establish an independent advisory committee to review certain regulations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2015 
Mr. MURPHY of Florida (for himself, Mr. MULVANEY, Mr. ASHFORD, Mrs. 
BLACK, Mr. SCHRADER, Mr. RIBBLE, Mr. KILMER, Mr. RODNEY DAVIS 
of Illinois, Mr. KIND, Mr. JOYCE, Mr. DELANEY, Mr. YOHO, Ms. 
SINEMA, Mr. JOLLY, and Mr. COSTA) 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 subse-
quently 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 ‘‘Regulatory Improve-
ment Act of 2015’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘Commission’’ means the Regu-
latory Improvement Commission established under 
section 3; 
(2) the term ‘‘commission bill’’ means a bill 
consisting of the proposed legislative language of the 
Commission recommended under section 4(h)(2)(C) 
and introduced under section 4(i)(1); and 
(3) the term ‘‘covered regulation’’ means a reg-
ulation that has been finalized not later than 10 
years before the date on which the Commission is es-
tablished. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established in the 
legislative branch a commission to be known as the ‘‘Regu-
latory Improvement Commission’’. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 9 members, of whom— 
(A) 1 member shall be appointed by the 
President, and shall serve as the Chairperson of 
the Commission; 
(B) 2 members shall be appointed by the 
majority leader of the Senate; 
(C) 2 members shall be appointed by the 
minority leader of the Senate; 
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(D) 2 members shall be appointed by the 
Speaker of the House of Representatives; and 
(E) 2 members shall be appointed by the 
minority leader of the House of Representa-
tives. 
(2) DATE.—The appointment of the members 
of the Commission shall be made not later than 60 
days after the date of enactment of this Act. 
(3) QUALIFICATIONS.— 
(A) CHAIR.—The Chair of the Commission 
shall be an individual with expertise and experi-
ence in rulemaking, such as past Administra-
tors of the Office of Information and Regu-
latory Affairs, past chairmen of the Administra-
tive Conference of the United States, and other 
individuals with similar expertise and experi-
ence in rulemaking affairs and the administra-
tion of regulatory reviews. 
(B) MEMBERS.—Members appointed to the 
Commission shall be prominent citizens of the 
United States with national recognition and a 
significant depth of experience and responsibil-
ities in matters relating to government service, 
regulatory policy, economics, Federal agency 
management, public administration, and law. 
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(4) LIMITATION.—Not more than 5 members 
appointed to the Commission may be from the same 
political party. 
(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. 
(e) MEETINGS.—The Commission shall meet at the 
call of the Chairman. 
(f) OPEN TO THE PUBLIC.—Each meeting of the 
Commission shall be open to the public, unless a member 
objects. 
(g) QUORUM.—Five members of the Commission 
shall constitute a quorum, but a lesser number of members 
may hold hearings. 
(h) NONAPPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission. 
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SEC. 4. DUTIES OF THE COMMISSION. 
(a) PURPOSE.—The purpose of the Commission is to 
evaluate and provide recommendations for modification, 
consolidation, or repeal of covered regulations with the 
aim of reducing compliance costs, encouraging growth and 
innovation, and improving competitiveness, all while pro-
tecting public health and safety. 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Commission shall— 
(1) give priority in its analysis of covered regu-
lations to those that— 
(A) impose disproportionately high costs 
on a small entity (as defined in section 601 of 
title 5, United States Code); 
(B) impose substantial paperwork burdens; 
or 
(C) could be strengthened in their effec-
tiveness while reducing regulatory costs; 
(2) solicit and review comments from the public 
on the covered regulations described this section; 
and 
(3) develop a set of covered regulations to mod-
ify, consolidate, or repeal to be submitted to Con-
gress for an up-or-down vote. 
(c) PUBLIC COMMENTS.— 
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(1) IN GENERAL.—Not later than 60 days after 
the date of the initial meeting of the Commission, 
the Commission shall initiate a process to solicit and 
collect written recommendations from the general 
public, interested parties, Federal agencies, and 
other relevant entities regarding which covered regu-
lations should be examined. 
(2) SUBMISSION OF PUBLIC COMMENTS.—The 
Commission shall ensure that the process initiated 
under paragraph (1) allows for recommendations to 
be submitted to the Commission through the website 
of the Commission or by mail. 
(3) LENGTH OF PUBLIC COMMENT PERIOD.— 
The period for the submission of recommendations 
under this subsection shall end 120 days after the 
date on which the process is initiated under para-
graph (1). 
(4) PUBLICATION.—At the end of the period for 
the submission of recommendations under this sub-
section, all submitted recommendations shall be pub-
lished in the Federal Register and on the website of 
the Commission. 
(d) COMMISSION OUTREACH.— 
(1) IN GENERAL.—During the public comment 
period described in subsection (c), the Commission 
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shall conduct public outreach and convene focus 
groups to better inform the Commissioners of the 
public’s interest and possible contributions to the 
work of the Commission. 
(2) FOCUS
GROUPS.—The focus groups re-
quired under paragraph (1) shall include individuals 
affiliated with the Office of Information and Regu-
latory Affairs, the Administrative Conference of the 
United States, the offices within Federal agencies 
responsible for small business affairs and regulatory 
compliance, and, at the discretion of the Commis-
sion, other relevant stakeholders from within or out-
side the regulatory entities. 
(e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 
Not later than 45 days after the date on which the period 
for the submission of recommendations ends under sub-
section (c), the Commission shall convene to review sub-
mitted recommendations and to identify covered regula-
tions to modify, consolidate, or eliminate. 
(f) EXAMINATION OF REGULATIONS.— 
(1) 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 
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from industry and agency experts, and research 
from the staff of the Commission. 
(2) DEADLINE.—Not later than 1 year after 
the date on which the Commission convenes under 
subsection (e), the Commission shall complete a sub-
stantial examination of covered regulations. 
(g) INITIAL REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Commission convenes under 
subsection (e), the Commission shall publish, and 
make available to the public for comment, a report, 
which shall include— 
(A) the findings and conclusions of the 
Commission for the improvement of covered 
regulations examined by the Commission; and 
(B) a list of recommendations for changes 
to the covered regulations examined by the 
Commission, which may include recommenda-
tions for modification, consolidation, or repeal 
of such covered regulations. 
(2) REQUIREMENT.—The report required under 
paragraph (1) shall be approved by not fewer than 
5 members of the Commission. 
(3) AVAILABILITY OF REPORT.—The Commis-
sion shall make the report required under paragraph 
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(1) available through the website of the Commission 
and in printed form. 
(4) PUBLIC
COMMENT
PERIOD.—During the 
90-day period beginning on the date on which the 
report required under paragraph (1) is published, 
the Commission shall— 
(A) solicit comments from the public on 
such report, using the same process established 
under subsection (c); and 
(B) publish any comments received under 
subparagraph (A) in the Federal Register and 
the website of the Commission. 
(5) CONSULTATION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date on which the report required 
under paragraph (1) is published, the Commis-
sion shall complete a consultation with the 
chairman and ranking member of the commit-
tees of jurisdiction in the House of Representa-
tives and Senate regarding the contents of the 
report. 
(B) REQUIREMENTS.—The consultation re-
quired under subparagraph (A) shall provide— 
(i) the opportunity for the chair and 
ranking member of the committees of ju-
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risdiction to provide substantive feedback 
or recommendations related to the regu-
latory changes contained in the report re-
quired under paragraph (1); and 
(ii) the opportunity for the chair and 
ranking member of the committees of ju-
risdiction to provide recommendations for 
alternative means of achieving a reduction 
in regulatory costs while maintaining the 
same level of benefits to society. 
(h) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the 90-day period described in 
subsection (g)(4) ends, the Commission shall— 
(A) review any comments received under 
subsection (g)(4); 
(B) incorporate any relevant comments re-
ceived under subsection (g)(4) into the report 
required under subsection (g)(1); and 
(C) submit the revised report to Congress. 
(2) CONTENTS.—The revised report required to 
be submitted to Congress under paragraph (1) shall 
include— 
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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). 
(i) CONGRESSIONAL CONSIDERATION
OF COMMIS-
SION REPORT.— 
(1) INTRODUCTION.—If approved by 5 members 
of the Commission, as required under subsection 
(g)(2), the commission bill shall be introduced in the 
Senate (by request) on the next day on which the 
Senate is in session by the majority leader of the 
Senate or by a Member of the Senate designated by 
the majority leader of the Senate and shall be intro-
duced in the House of Representatives (by request) 
on the next legislative day by the majority leader of 
the House or by a Member of the House designated 
by the majority leader of the House. 
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(2) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
(A) REFERRAL
AND
REPORTING.—Any 
committee of the House of Representatives to 
which the commission bill is referred shall re-
port it to the House without amendment not 
later than 30 days after the date on which the 
commission bill is introduced under paragraph 
(1). If a committee fails to report the commis-
sion bill within that period, it shall be in order 
to move that the House discharge the com-
mittee from further consideration of the com-
mission bill. Such a motion shall not be in order 
after the last committee authorized to consider 
the commission bill reports it to the House or 
after the House has disposed of a motion to 
discharge the commission bill. The previous 
question shall be considered as ordered on the 
motion to its adoption without intervening mo-
tion except 3 hours of debate equally divided 
and controlled by the proponent and an oppo-
nent. If such a motion is adopted, the House 
shall proceed immediately to consider the com-
mission bill in accordance with subparagraphs 
(B) and (C). A motion to reconsider the vote by 
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(B) 
MOTION
TO
PROCEED.—Notwith-
standing Rule XXII of the Standing Rules of 
the Senate, it is in order, not later than 2 days 
of session after the date on which a commission 
bill is reported or discharged from all commit-
tees to which it was referred, for the majority 
leader of the Senate or the majority leader’s 
designee to move to proceed to the consider-
ation of the commission bill. It shall also be in 
order for any Member of the Senate to move to 
proceed to the consideration of the commission 
bill at any time after the conclusion of such 2- 
day period. A motion to proceed is in order 
even though a previous motion to the same ef-
fect has been disagreed to. All points of order 
against the motion to proceed to the commis-
sion bill are waived. The motion to proceed is 
not debatable. The motion is not subject to a 
motion to postpone. A motion to reconsider the 
vote by which the motion is agreed to or dis-
agreed to shall not be in order. If a motion to 
proceed to the consideration of the commission 
bill is agreed to, the commission bill shall re-
main the unfinished business until disposed of. 
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(C) CONSIDERATION.—All points of order 
against the commission bill and against consid-
eration of the commission bill are waived. Con-
sideration of the commission bill and of all de-
batable motions and appeals in connection 
therewith shall not exceed a total of 10 hours 
which shall be divided equally between the Ma-
jority and Minority Leaders or their designees. 
A motion further to limit debate on the com-
mission bill is in order, shall require an affirma-
tive vote of a majority of the Members duly 
chosen and sworn, and is not debatable. Any 
debatable motion or appeal is debatable for not 
to exceed 1 hour, to be divided equally between 
those favoring and those opposing the motion or 
appeal. All time used for consideration of the 
commission bill, including time used for quorum 
calls and voting, shall be counted against the 
total 10 hours of consideration. 
(D) NO AMENDMENTS.—An amendment to 
the commission bill, or a motion to postpone, or 
a motion to proceed to the consideration of 
other business, or a motion to recommit the 
commission bill, is not in order. 
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(E) VOTE ON PASSAGE.—If the Senate has 
voted to proceed to the commission bill, the vote 
on passage of the commission bill shall occur 
immediately following the conclusion of the de-
bate on a commission bill, and a single quorum 
call at the conclusion of the debate if requested. 
The vote on passage of the commission bill shall 
occur not later than 60 days after the date on 
which the commission bill is discharged from all 
committees to which the commission bill was re-
ferred. 
(F) RULINGS OF THE CHAIR ON PROCE-
DURE.—Appeals from the decisions of the Chair 
relating to the application of the rules of the 
Senate, as the case may be, to the procedure re-
lating to a commission bill shall be decided 
without debate. 
(4) AMENDMENT.—The commission bill shall 
not be subject to amendment in either the House of 
Representatives or the Senate. 
(5) CONSIDERATION BY THE OTHER HOUSE.— 
(A) IN GENERAL.—If, before passing the 
commission bill, one House receives from the 
other a commission bill— 
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(i) the commission bill of the other 
House shall not be referred to a com-
mittee; and 
(ii) the procedure in the receiving 
House shall be the same as if no commis-
sion bill had been received from the other 
House until the vote on passage, when the 
commission bill received from the other 
House shall supplant the commission bill 
of the receiving House. 
(B) REVENUE MEASURE.—This subsection 
shall not apply to the House of Representatives 
if the commission bill received from the Senate 
is a revenue measure. 
(6) RULES
TO
COORDINATE
ACTION
WITH 
OTHER HOUSE.— 
(A) TREATMENT OF COMMISSION BILL OF 
OTHER HOUSE.—If the Senate fails to introduce 
or consider a commission bill under this section, 
the commission bill of the House shall be enti-
tled to expedited floor procedures under this 
section. 
(B) TREATMENT
OF
COMPANION
MEAS-
URES IN THE SENATE.—If following passage of 
the commission bill in the Senate, the Senate 
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then receives the commission bill from the 
House of Representatives, the House-passed 
commission bill shall not be debatable. The vote 
on passage of the commission bill in the Senate 
shall be considered to be the vote on passage of 
the commission bill received from the House of 
Representatives. 
(C) VETOES.—If the President vetoes the 
commission bill, debate on a veto message in 
the Senate under this section shall be 1 hour 
equally divided between the majority and minor-
ity leaders or their designees. 
(j) 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 
(ii) publish notice of enactment in the 
Federal Register and online; 
(B) require affected regulatory agencies to 
implement the commission bill not later than 
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180 days after the date on which the commis-
sion 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. 
(k) 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 (i) 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.— 
(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 
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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.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
(e) SPACE
FOR USE
OF COMMISSION.—Not later 
than 60 days after the date of enactment of this Act, the 
Administrator of General Services shall support on a reim-
bursable basis the operations of the Commission, including 
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the identification of suitable space to house the Commis-
sion. If the Administrator is not able to make such suit-
able space available within the 60-day period, the Commis-
sion shall lease space to the extent that funds are avail-
able. 
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 
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 
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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. 
(3) AGENCY ASSISTANCE.—Following consulta-
tion with and upon the request of the Chairman of 
the Commission, the head of any agency may detail 
an employee of the agency to the Commission with-
out reimbursement, and such detail shall be without 
interruption or loss of civil service status or privi-
lege. 
(4) GAO AND OIRA ASSISTANCE.—The Comp-
troller General of the United States and the Admin-
istrator of the Office of Information and Regulatory 
Affairs shall provide assistance, including the detail-
ing of employees, to the Commission in accordance 
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with an agreement entered into with the Commis-
sion. 
(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 
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. 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. 
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smartinez on DSK4TPTVN1PROD with BILLS
(b) AVAILABILITY.—Any sums appropriated under 
the authorization contained in this section shall remain 
available, without fiscal year limitation, until expended. 
Æ 
VerDate Sep 11 2014 
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E:\BILLS\H1407.IH
H1407
smartinez on DSK4TPTVN1PROD with BILLS