[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 978 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 978

   To establish an independent advisory committee to review certain 
                  regulations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2017

 Ms. Sinema (for herself, Mr. Curbelo of Florida, Mr. Rodney Davis of 
   Illinois, Mr. Kind, Mr. Gottheimer, Mr. Peters, Ms. Kuster of New 
   Hampshire, and Mr. Yoho) introduced the following bill; which was 
 referred to the Committee on Oversight and Government Reform, and in 
  addition to the Committee on Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish an independent advisory committee to review certain 
                  regulations, and for other purposes.

    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 ``Regulatory Improvement Act of 
2017''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Commission'' means the Regulatory 
        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 regulation that 
        has been finalized not later than 10 years before the date on 
        which the Commission is established.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established in the legislative branch 
a commission to be known as the ``Regulatory 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;
                    (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 Representatives.
            (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 experience in rulemaking, 
                such as past Administrators of the Office of 
                Information and Regulatory Affairs, past chairmen of 
                the Administrative Conference of the United States, and 
                other individuals with similar expertise and experience 
                in rulemaking affairs and the administration 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 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.
    (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 compliance costs, 
encouraging growth and innovation, and improving competitiveness, all 
while protecting public health and safety.
    (b) Requirements.--In carrying out subsection (a), the Commission 
shall--
            (1) give priority in its analysis of covered regulations 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 effectiveness 
                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 modify, 
        consolidate, or repeal to be submitted to Congress for an up-
        or-down vote.
    (c) Public Comments.--
            (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 regulations 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 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 
        120 days after the date on which the process is initiated under 
        paragraph (1).
            (4) Publication.--At the end of the period for the 
        submission of recommendations under this subsection, all 
        submitted recommendations shall be published in the Federal 
        Register and on the Web site of the Commission.
    (d) Commission Outreach.--
            (1) In general.--During the public comment period described 
        in subsection (c), the Commission 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 required under 
        paragraph (1) shall include individuals affiliated with the 
        Office of Information and Regulatory 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 
        Commission, other relevant stakeholders from within or outside 
        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 subsection (c), the Commission shall convene 
to review submitted recommendations and to identify covered regulations 
to modify, consolidate, or eliminate.
    (f) Examination of Regulations.--
            (1) 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.
            (2) Deadline.--Not later than 1 year after the date on 
        which the Commission convenes under subsection (e), the 
        Commission shall complete a substantial 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 recommendations 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 Commission shall make the 
        report required under paragraph (1) available through the Web 
        site 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 Commission shall complete a 
                consultation with the chairman and ranking member of 
                the committees of jurisdiction in the House of 
                Representatives and Senate regarding the contents of 
                the report.
                    (B) Requirements.--The consultation required under 
                subparagraph (A) shall provide--
                            (i) the opportunity for the chair and 
                        ranking member of the committees of 
                        jurisdiction to provide substantive feedback or 
                        recommendations related to the regulatory 
                        changes contained in the report required under 
                        paragraph (1); and
                            (ii) the opportunity for the chair and 
                        ranking member of the committees of 
                        jurisdiction 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 received 
                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--
                    (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).
    (i) Congressional Consideration of Commission 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 introduced 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.
            (2) Consideration in the house of representatives.--
                    (A) Referral and reporting.--Any committee of the 
                House of Representatives to which the commission bill 
                is referred shall report 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 commission bill 
                within that period, it shall be in order to move that 
                the House discharge the committee from further 
                consideration of the commission 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 motion except 3 
                hours of debate equally divided and controlled by the 
                proponent and an opponent. If such a motion is adopted, 
                the House shall proceed immediately to consider the 
                commission bill in accordance with subparagraphs (B) 
                and (C). A motion to reconsider the vote by which the 
                motion is disposed of shall not be in order.
                    (B) Proceeding to consideration.--After the last 
                committee authorized to consider the commission bill 
                reports it to the House or has been discharged (other 
                than by motion) from its consideration, it shall be in 
                order to move to proceed to consider the commission 
                bill in the House. Such a motion shall not be in order 
                after the House has disposed of a motion to proceed 
                with respect to the commission bill. The previous 
                question shall be considered as ordered on the motion 
                to its adoption without intervening motion. A motion to 
                reconsider the vote by which the motion is disposed of 
                shall not be in order.
                    (C) Consideration.--The commission bill shall be 
                considered as read. All points of order against the 
                commission bill and against its consideration are 
                waived. The previous question shall be considered as 
                ordered on the commission bill to its passage without 
                intervening motion except 10 hours of debate equally 
                divided and controlled by the proponent and an opponent 
                and one motion to limit debate on the commission bill. 
                A motion to reconsider the vote on passage of the 
                commission bill shall not be in order.
                    (D) Vote on passage.--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 the last committee authorized to 
                consider the commission bill.
            (3) Consideration in the senate.--
                    (A) Committee consideration.--A commission bill 
                introduced in the Senate under paragraph (1) shall be 
                jointly referred to the committee or committees of 
                jurisdiction, which committees shall report the bill 
                without any revision and with a favorable 
                recommendation, an unfavorable recommendation, or 
                without recommendation, not later than 30 days after 
                the date on which the commission bill is introduced. If 
                any committee fails to report the bill within that 
                period, that committee shall be automatically 
                discharged from consideration of the bill, and the bill 
                shall be placed on the appropriate calendar.
                    (B) Motion to proceed.--Notwithstanding 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 committees to which it was referred, for the 
                majority leader of the Senate or the majority leader's 
                designee to move to proceed to the consideration 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 effect has been disagreed to. All points of 
                order against the motion to proceed to the commission 
                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 disagreed 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 remain the unfinished business until disposed of.
                    (C) Consideration.--All points of order against the 
                commission bill and against consideration of the 
                commission bill are waived. Consideration of the 
                commission bill and of all debatable motions and 
                appeals in connection therewith shall not exceed a 
                total of 10 hours which shall be divided equally 
                between the majority and minority leaders or their 
                designees. A motion further to limit debate on the 
                commission bill is in order, shall require an 
                affirmative 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.
                    (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 debate 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 referred.
                    (F) Rulings of the chair on procedure.--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 relating 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--
                            (i) the commission bill of the other House 
                        shall not be referred to a committee; and
                            (ii) the procedure in the receiving House 
                        shall be the same as if no commission 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 entitled to expedited floor 
                procedures under this section.
                    (B) Treatment of companion measures in the 
                senate.--If following passage of the commission bill in 
                the Senate, the Senate 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 minority 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 
                        regulatory 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 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.
    (k) 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 (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 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.--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 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.
            (3) Agency assistance.--Following consultation 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 without reimbursement, and such detail shall be 
        without interruption or loss of civil service status or 
        privilege.
            (4) GAO and oira assistance.--The Comptroller General of 
        the United States and the Administrator of the Office of 
        Information and Regulatory Affairs shall provide assistance, 
        including the detailing of employees, to the Commission in 
        accordance with an agreement entered into with the Commission.
    (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. 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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