[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6325 Introduced in House (IH)]

<DOC>






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 
   Committee on Education and the Workforce, 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.

    Be it enacted by the Senate and House of Representatives 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:
            (1) Commission.--The term ``Commission'' means the 
        Workforce Regulatory Review Commission established under 
        section 3.
            (2) Commission bill.--The term ``commission bill'' means a 
        bill consisting of the proposed legislative language of the 
        Commission recommended under section 4(f)(2)(C) and introduced 
        under section 4(g)(1).
            (3) Covered regulation.--The term ``covered regulation'' 
        means any final regulation published in the Federal Register.
            (4) Regulatory requirement.--The term ``regulatory 
        requirement'' means any duty or obligation 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.
            (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 significant depth of experience and 
        responsibilities in matters relating to government service, 
        regulatory policy, economics, Federal agency management, public 
        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 Commission may not be 
        employees of the Federal Government.
    (c) Period of Appointment; Vacancies.--Members 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 appointment.
    (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 meeting.
    (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
            (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 examining covered 
        regulations under this section, the Commission shall determine 
        the effectiveness of individual covered regulations by using 
        multiple resources, 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 accurately 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 efficiency of the covered regulation in 
        achieving the 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 continues to be desirable.
                    (B) Efficiency of the desired outcomes shall be 
                determined through a uniform cost model that reviews 
                the costs per desired outcome 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 desirable;
                    (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.
            (6) No replacement of repealed regulations.--Covered 
        regulations mandated by statute but recommended for repeal by 
        the Commission shall be repealed as soon as possible and may 
        not be remade in substantially the same form, and a new 
        regulation that is substantially the same as such a regulation 
        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 examination 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 examine under subsection (d)(1), 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 recommendations 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 Commission shall make the 
        report required under paragraph (1) available through the Web 
        site of the Commission 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 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 
        paragraph (1).
            (4) Publication in the federal register.--At the end of the 
        period for the submission of recommendations under this 
        subsection, all submitted 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 received 
                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--
                    (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 recommendations for modification, 
                consolidation, or repeal of such covered regulations; 
                and
                    (C) recommended legislative language to implement 
                the recommendations in subparagraph (B).
    (f) Congressional Consideration of Commission Report.--If approved 
by 6 members of the Commission, 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 Commission's report 
within 45 days from the time of the submission 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 transmits the report to the Congress under section 2903(e), 
and--
            (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 Review Commission as submitted by the 
        President on ___'', the blank space being filled in with the 
        appropriate 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, 
Education, Labor, and Pensions.
    (i) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported 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 appropriate calendar of the House 
involved.
    (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 motion to the same effect has been disagreed 
        to) for any Member of the respective House to move to proceed 
        to the consideration of the resolution. A Member 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 subject 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 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 debatable 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 consideration 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 
        disagreed 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 debate 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 relating to the 
        application of the rules of the Senate 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 resolution 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 subparagraph (B)(ii).
                    (B) With respect to a resolution described in 
                subsection (a) of the House receiving the resolution--
                            (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 to consider the 
        resolution that originated in the receiving House.
    (l) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, 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 subsection 
        (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 
                        regulatory agencies; and
                            (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 commission bill is introduced 
less than 60 session days or 60 legislative 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.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purpose of this Act. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by the Commission, or any member 
        designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable 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 accept, use, and 
dispose of gifts or donations of services or 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, including 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 prescribed for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, for each day 
(including travel time) during which such member is engaged in the 
performance of the duties of the Commission.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees 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 Commission 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 executive 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 Intermittent 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 individuals 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 Commission 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 reauthorized by Executive 
order but no provision of the authorizing legislation shall be amended 
by such order except with regards to the area of covered regulations to 
be reviewed by the Commission.
    (b) Congressional Disapproval.--The Commission shall be activated 
unless a joint resolution of Congress is sent to the President stating 
disapproval of the Executive order and intent for the Commission to 
remain dormant.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 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.
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