[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3114-S3116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1585. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. REGULATORY IMPROVEMENT COMMISSION.
(a) Short Title.--This section may be cited as the
``Regulatory Improvement Act of 2021''
(b) Definitions.--In this section--
(1) the term ``Commission'' means the Regulatory
Improvement Commission established under subsection (c);
(2) the term ``commission bill'' means a bill consisting of
the proposed legislative language of the Commission
recommended under subsection (d)(8)(B)(iii) and introduced
under subsecton (d)(9)(A);
(3) the term ``covered regulation'' means a regulation that
has been in effect for not less than 10 years before the date
on which the Commission is established;
(4) the term ``regulation'' means a rule, as defined in
section 551 of title 5, United States Code; and
(5) the term ``regulatory agency'' means an agency, as
defined in section 3502 of title 44, United States Code, that
has the authority to issue a regulation.
(c) Establishment of Commission.--
(1) Establishment.--There is established in the legislative
branch a commission to be known as the ``Regulatory
Improvement Commission''.
(2) Membership.--
(A) Composition.--The Commission shall be composed of 9
members, of whom--
(i) 1 member shall be appointed by the President, and shall
serve as the Chairperson of the Commission;
(ii) 2 members shall be appointed by the majority leader of
the Senate;
(iii) 2 members shall be appointed by the minority leader
of the Senate;
(iv) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(v) 2 members shall be appointed by the minority leader of
the House of Representatives.
(B) 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.
(C) 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. Members may
include past Administrators of the Office of Information and
Regulatory Affairs, past chairs of the Administrative
Conference of the United States, and other individuals with
expertise and experience in rulemaking affairs and the
administration of regulatory reviews.
(D) Limitation.--Not more than 5 members appointed to the
Commission may be from the same political party.
(3) 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.
(4) 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.
(5) Meetings.--The Commission shall meet at the call of the
Chair.
(6) Open to the public.--Each meeting of the Commission
shall be open to the public, unless a member objects.
(7) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(8) Nonapplicability of the federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(d) Duties of the Commission.--
(1) 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--
(A) protecting public health and safety; and
(B) giving full consideration to--
(i) the benefits and the costs of regulation to society;
and
(ii) the appropriate role of regulation within and costs
associated with regulation to society.
(2) Requirements.--In carrying out paragraph (1), the
Commission shall--
(A) give priority in its analysis of covered regulations to
those that--
(i) impose disproportionately high costs on a small entity
(as defined in section 601 of title 5, United States Code);
(ii) create substantial recurring paperwork burdens or
transaction costs; or
(iii) could be strengthened in their effectiveness while
reducing regulatory costs;
(B) solicit and review comments from the public on the
covered regulations described in this section; and
(C) develop a set of covered regulations to modify,
consolidate, or repeal to be submitted to Congress for
expedited consideration in accordance with paragraph (9).
(3) Public comments.--
(A) 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.
(B) Submission of public comments.--The Commission shall
ensure that the process initiated under subparagraph (A)
allows for recommendations to be submitted to the Commission
through the website of the Commission or by mail.
(C) 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 subparagraph (A).
(D) Publication.--At the end of the period for the
submission of recommendations under this paragraph, all
submitted recommendations shall be published on the website
of the Commission and summarized in the Federal Register.
(4) Commission outreach.--
(A) In general.--During the public comment period described
in paragraph (3), the
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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.
(B) Focus groups.--The focus groups required under
subparagraph (A) 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, non-governmental
organizations, trade associations, and, at the discretion of
the Commission, other relevant stakeholders from within or
outside the regulated entities.
(5) Commission review of public comments.--Not later than
45 days after the date on which the period for the submission
of recommendations ends under paragraph (3), the Commission
shall convene to review submitted recommendations and to
identify covered regulations to modify, consolidate, or
eliminate.
(6) Examination of regulations.--
(A) 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.
(B) Deadline.--Not later than 1 year after the date on
which the Commission convenes under subsection (c)(4), the
Commission shall complete a substantial examination of
covered regulations.
(7) Initial report.--
(A) In general.--Not later than 1 year after the date on
which the Commission convenes under subsection (c)(4), the
Commission shall publish, and make available to the public
for comment, a report, which shall include--
(i) the findings and conclusions of the Commission for the
improvement of covered regulations examined by the
Commission; and
(ii) 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.
(B) Requirement.--The report required under subparagraph
(A) shall be approved by not fewer than 5 members of the
Commission.
(C) Availability of report.--The Commission shall make the
report required under subparagraph (A) available through the
website of the Commission and in printed form.
(D) Public comment period.--During the 90-day period
beginning on the date on which the report required under
subparagraph (A) is published, the Commission shall--
(i) solicit comments from the public on such report, using
the same process established under paragraph (3); and
(ii) publish any comments received under clause (i) on the
website of the Commission and summarize them in the Federal
Register.
(E) Consultation.--
(i) In general.--Not later than 90 days after the date on
which the report required under subparagraph (A) 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.
(ii) Requirements.--The consultation required under clause
(i) shall provide--
(I) the opportunity for the chairman 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 subparagraph (A); and
(II) the opportunity for the chairman and ranking member of
the committees of jurisdiction to provide recommendations for
alternative means of achieving the same or greater reductions
in regulatory costs while maintaining the same level of
benefits to society.
(8) Report to congress.--
(A) In general.--Not later than 90 days after the date on
which the 90-day period described in paragraph (7)(D) ends,
the Commission shall--
(i) review any comments received under paragraph (7)(D);
(ii) incorporate any relevant comments received under
paragraph (7)(D) into the report required under paragraph
(7)(A); and
(iii) submit the revised report to Congress.
(B) Contents.--The revised report required to be submitted
to Congress under subparagraph (A) shall include--
(i) the findings and conclusions of the Commission for the
improvement of covered regulations examined by the
Commission;
(ii) 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
(iii) recommended legislative language to implement the
recommendations in clause (ii).
(9) Congressional consideration of commission report.--
(A) Introduction.--If approved by 5 members of the
Commission, as required under paragraph (7)(B), 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.
(B) Consideration in the house of representatives.--
(i) 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 subparagraph (A). 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 clauses (ii) and
(iii). A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(ii) 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.
(iii) 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.
(iv) 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.
(C) Consideration in the senate.--
(i) Committee consideration.--A commission bill introduced
in the Senate under subparagraph (A) 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.
(ii) 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.
(D) Consideration.--An amendment to the commission bill or
a motion to postpone, a motion to proceed to the
consideration of other business, or a motion to recommit the
commission bill, shall not be in order in the Senate or the
House of Representatives.
(E) Consideration by the other house.--
(i) 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.
(ii) Revenue measure.--This subparagraph shall not apply to
the House of Representatives if the commission bill received
from the Senate is a revenue measure.
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(F) Rules to coordinate action with other house.--
(i) 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 of
Representatives shall be entitled to expedited floor
procedures under this section.
(ii) 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 be
entitled to the consideration procedures described in
subparagraph (C).
(iii) 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.
(10) Notice to regulatory agencies.--
(A) Enactment of commission bill.--If the commission bill
is enacted into law, the President shall--
(i) 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;
(ii) 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.
(B) 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.
(11) 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--
(A) the commission bill shall be introduced in both Houses
on the date on which the succeeding Congress first convenes
its next session; and
(B) paragraph (9) shall apply to the commission bill during
the succeeding Congress.
(e) Powers of the Commission.--
(1) 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 section.
(2) Information from federal agencies.--
(A) 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 section.
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.
(B) 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.
(3) 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.
(4) 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.
(1) 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.
(2) 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.
(3) Staff.--
(A) In general.--The Chair 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.
(B) Compensation.--The Chair 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.
(C) Agency assistance.--Following consultation with and
upon the request of the Chair 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.
(D) 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.
(4) Procurement of temporary and intermittent services.--
The Chair 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.
(5) Contracting authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(6) 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 section.
(g) Termination of the Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits its report under subsection (d).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to the Commission to carry out
this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until expended.
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